More Discussions for this daf
1. Laws of Yerushalayim 2. Kedushah of a Shul 3. Wrapping a Mes Mitzvah with a Sefer Torah
4. Removing Kedushah from a Shul 5. Contradiction in Rashi 6. Permissibility of transferring ownership of a Shul
7. Ma'alin ba'Kodesh 8. The number of Aliyos on a Ta'anis 9. Tashmishim
10. Tefilin straps 11. Tashmishei Kedushah/Mitzvah 12. The division of Yerushalayim
13. Binyamin 14. Ma'alin ba'Kodesh
DAF DISCUSSIONS - MEGILAH 26

Chaim weizmann asks:

Rahsi in daf 26a D"h lo shanu says that if the shul was sold not by the tuvei ha'ir the shul remains holy as well as the money and neither of them may go out for a mundane use, but Rashi on teh next page D"h Chalufi Vezabuni says that if the shul was sold in order to by another shul instead the money may go out for a mundane use! (and if this Rashi here refers to a case in which he shul was sold in the presence of tuvei ha'ir, then hey don't have to buy another shul in its place.

Thank you very much!

Chaim weizmann , Bnei Brak Israel

The Kollel replies:

The Igros Moshe (Orach Chaim 6:13) asks your question on Rashi, as well as a number of other questions. He concludes there that just as a Korban can be redeemed when it has a blemish even though it is Kedushas ha'Guf (and then its sanctity descends to Kedushas Damim), a shul which has fallen into disuse and is d'Rabanan in its sanctity may be sold. The actual sale demonstrates that the shul is no longer needed for its purpose and -- just like the Korban with a blemish -- it can be sold.

Rav Moshe zt'l adds that if it is being sold because they need another shul in its place, the Kedushah remains on the money, and if it is being sold for the money this reveals that they do not require a shul. However, this is all if it is sold with the consent of the entire city and its representatives, since -- if they have not agreed together to sell -- there may be some people who still want to use it as a shul. For this reason, when it is sold the Kedushah stays on the shul and the money even if they sold it for the money.

However, if the entire congregation agrees to sell and wants the money, this demonstrates that it has no purpose whatsoever and therefore it can be sold for profane purposes, and the money can be used for other purposes, but if they need another shul the Kedushah remains on the money. In the case of 26a, since it is not with the consent of everyone, the Kedushas ha'Guf remains and both items have Kedushah, but on 26b the Kedushah is transferred to the money (since this is accepted by the entire city) and will be used for the other shul. (They needed to sell the shul for whatever reason; perhaps the city did not allow them to continue prayers there, etc.).

Yoel Domb