1)

THE ISUR OF CHADASH IN CHUTZ LA'ARETZ NOWADAYS [Chalah: Chutz la'Aretz]

(a)

Gemara

1.

112b (Mishnah): When the Beis ha'Mikdash was built in Yerushalayim, Bamos (private altars) were forbidden forever.

2.

113a (Mishnah): Re'ach Nicho'ach (Haktarah must give off a nice smell, therefore we do not roast limbs beforehand) does not apply to a Bamas Yachid.

3.

Megilah 28a (Mishnah - R. Yehudah): In a desolate Beis ha'Keneses we may not eulogize, twine ropes, set traps, spread fruit on the roof to dry, or make it a shortcut. "V'Hashimosi Es Mikdesheichem (I will make desolate your holy places)" - even when they are desolate, they are Kodesh.

4.

(Beraisa): We do not conduct frivolously in a Beis ha'Keneses...

5.

R. Yehudah says, we abandon a desolate Beis ha'Keneses and let grass grow, to cause grief.

6.

Question: The first Tana didn't mention grass!

7.

Answer: The Beraisa is abbreviated. It means as follows:

8.

We sweep and wash the floor, so grass will not grow;

9.

R. Yehudah says, this applies when they are settled. When they are desolate we let grass grow and do not cut it, to cause grief.

10.

(Rav Asi): Batei Kenesiyos in Bavel are made on Tanai (condition). Nevertheless, we do not act in them frivolously, i.e. to make calculations.

11.

If they make calculations, (they will be punished, and) a Mes Mitzvah will be left there overnight.

12.

Rava was teaching Ravina and Rav Acha bar Masnah. A torrential rain came; they entered a Beis ha'Keneses.

13.

They did not enter to avoid the rain, rather, for the sake of learning, which requires clarity.

14.

29a (Beraisa - R. Eliezer ha'Kapar): In the future, Batei Kenesiyos and Batei Medrashos of Bavel will be fixed in Eretz Yisrael;

15.

We learn from "Like Tavor among the mountains and Karmel on the sea will come." These mountains came once to learn (at the time of Matan) Torah, and they were fixed in Eretz Yisrael. People learn and spread Torah in Batei Kenesiyos and Batei Medrashos of Bavel. All the more so they will be fixed in Eretz Yisrael!

(b)

Rishonim

1.

Rif (Megilah 9b): A Beraisa forbids detaching grass for (animal) consumption, but one detaches and leaves it.

i.

Ran (9a DH Batei): A Tanai does not help for disgrace while it is settled. Rafram was in Bavel, and he eulogized his daughter-in-law in a Beis ha'Keneses only because it was a public eulogy, which is permitted in any Beis ha'Keneses. The Ramban says that the Tanai helps to permit feeding, lodging or any other temporary need of poor people. Also Chachamim may benefit from it if necessary, e.g. there is no room for Talmidim. If there is no need, it is forbidden. Even though the Tanai helps for these things, it does not help for disgrace or calculations.

2.

Rambam (Hilchos Tefilah 11:11): A Beis Medrash or Beis ha'Keneses that became desolate keeps its Kedushah. Just like we honor it when it is settled, also when it is desolate, except for sweeping and wetting the ground (to prevent dust from rising); we do not do these. If grass grew, we uproot it and leave it in its place, for agony, so people will see and be aroused and strive to rebuild it.

3.

Rosh (Megilah 4:7): A Tanai does not permit frivolous conduct in a settled Beis ha'Keneses. Ravina and Rav Ada would not enter a Beis ha'Keneses to escape the rain, if not because they needed clarity in order to learn. If one must call someone inside the Beis ha'Keneses, he should say a verse when he enters. Rather, the Tanai refers to the Mishnah, in which R. Yehudah forbids twining ropes in a desolate Beis ha'Keneses. Rav Asi permits this in a Beis ha'Keneses of Bavel, for it was built with this Tanai. In any case we do not make calculations of the Rabim. The same applies to a destroyed Beis ha'Keneses. One may plant there only if he bought it from the seven governors of the city, for planting is very disgraceful.

i.

Hagahos Ashri (citing Or Zaru'a): Ravina and Rav Ashi were stringent on themselves. Really, it was permitted, even when it is settled. One may eat and drink in a Beis ha'Keneses, even if he is not a Chacham. One may not plant there, even if it became desolate, for this is a great disgrace, unless the seven governors sold it.

ii.

Mordechai (Megilah 826): We honor a Beis ha'Keneses even when it is desolate, for a Beis ha'Keneses is called a small Mikdash. Therefore, one may not detach anything from it. One may detach in order to build, for this is called building.

iii.

Tosfos Yom Tov (Megilah 3:3): It does not say 'v'Es Mikdesheichem Ashomem', rather, "vHashimosi Es Mikdesheichem." This shows that even when they are desolate, they are Kodesh.

iv.

Aruch l'Ner (Yevamos 6b DH uv'Zeh): How does this show that they are Kodesh even when desolate? The entire Parshah sometimes uses simple future tense, and sometimes Vov-conversive. (In Biblical Hebrew, a Vov at the beginning of a verb changes the tense from past to future or vice-versa.)

v.

Note: Seemingly, we do not expound the Vov-conversive. Rather, it mentions desolation before Mikdash, to teach that even when desolate, it is called Mikdash!

vi.

Aruch l'Ner: I say that R. Yehudah learns from "v'Lo Ari'ach b'Re'ach Nichochachem (I will not smell your pleasant scent)." Where is Re'ach Nicho'ach after the Mikdash is destroyed? There was no Heter for Bamos after Yerushalayim. Even when Bamos were permitted, Re'ach Nicho'ach does not apply to a Bamah! R. Yehudah derived that the initial Kedushah is permanent. This is like R. Yehoshua, and he holds that we may offer Korbanos without a Mikdash. Therefore, Re'ach Nicho'ach applies even after the Churban, for there is still Kedushas Mikdash. The plural "Mikdesheichem" includes Batei Kenesiyos.

vii.

Shiltei ha'Giborim (Megilah 9a:3, citing Ri'az): A Beis ha'Keneses is on Tanai only regarding guests, for in Bavel many travelers passed from place to place, and they would eat and drink in a Beis ha'Keneses. Residents of the city may enter only to learn Torah.

(c)

Poskim

1.

Shulchan Aruch (OC 151:10): Even after it became desolate, it keeps its Kedushah. Just like we honor it when it is settled, also when it is desolate, except for sweeping and wetting the ground.

i.

Magen Avraham (11): This is even in Chutz la'Aretz.

ii.

Kaf ha'Chayim (54): One opinion wanted to say that this is only in Eretz Yisrael, but Mahari Bei Rav proved that it is even in Chutz la'Aretz.

iii.

Mishnah Berurah (28): There is no distinction between a Beis ha'Keneses in Eretz Yisrael or Chutz la'Aretz, unless they stipulated.

2.

Shulchan Aruch (ibid.): If grass grew, we uproot it and leave it in its place, for agony, so people will see and be aroused and strive to rebuild it.

i.

Taz (3): Since the reason is in order to arouse people to rebuild it, if a Beis ha'Keneses was destroyed and rebuilt elsewhere, and they do not intend to rebuild it again in its initial place, one need not detach grass. He makes a fence around it, lest people come to disgrace it. If it is in a place where it can be sold, they sell it.

ii.

Kaf ha'Chayim (58): It is for agony, so people will be aroused to rebuild it, or if they cannot, they will be humbled and repent.

iii.

Mishnah Berurah (29): One may detach the grass, as long as he does not remove it.

iv.

Kaf ha'Chayim (60): If Yisre'elim no longer live near the Beis ha'Keneses, and it fell, it is better to rebuild it where Yisre'elim live and they will pray there morning and evening.

3.

Shulchan Aruch (11): If when they built the Beis ha'Keneses they stipulated to use it, they may use it when it is desolate. The Tanai does not help for when it is settled. Even when it is desolate, the Tanai does not help for disgraceful uses such as planting or calculations of the Rabim. This refers to a Beis ha'Keneses of Chutz la'Aretz. A Tanai does not help for a Beis ha'Keneses in Eretz Yisrael.

i.

Beis Yosef (DH Gam): Hagahos Ashri says that Ravina and Rav Ashi were stringent; it was permitted, even though it was settled. The Tur wrote like the Rosh. Tosfos (28a DH Batei) says that the Tanai helps only for a Beis ha'Keneses in Bavel, for when Moshi'ach will come soon, its Kedushah will lapse. The Kedushah of a Beis ha'Keneses in Eretz Yisrael is permanent.

ii.

Magen Avraham (12): The Shulchan Aruch connotes that they must explicitly stipulate. Stam, we do not say that there was a Tanai. Only in Bavel (there was an automatic Tanai), but not in other lands. The Tur and Mordechai connote like this. Also the Rambam omitted this law, for he holds that it was only in Bavel at that time. Shiltei ha'Giborim holds that the Tanai was only for guests. I am astounded that Mas'as Binyamin (33) brought this law for our Batei Kenesiyos. What I wrote (Sa'if Katan 2) from Hagahos Ashri supports him somewhat, but there is no necessity to say like this.

iii.

Mishnah Berurah (31): If they did not stipulate when building it, a Tanai does not help afterwards.

iv.

Mishnah Berurah (32): Eliyahu Rabah leans like Mas'as Binyamin, who is lenient.

v.

Kaf ha'Chayim (62): Since there are different opinions, one should be stringent unless they explicitly stipulated.

vi.

Magen Avraham (13): The Tanai helps for when it is desolate only if they do not intend to rebuild it.

vii.

Kaf ha'Chayim (64): Eliyahu Rabah says that the helps even if they intend to rebuild it. The Shulchan Aruch connotes like this.

viii.

Magen Avraham (14): In Siman 154:8, the Shulchan Aruch says that a Tanai helps even for the Aron Kodesh and things used for Kedushah! We must say that here we discuss a Tanai for disgrace, such as eating and drinking and entering for the sake of shade. The Rosh connotes like this.

ix.

Mishnah Berurah (34): The Tanai helps for all uses except for eating and drinking and entering for the sake of shade, which are disgraceful.

x.

Gra: Tosfos holds that the Tanai does not permit disgrace when it is settled. The Rosh holds that it does not permit disgrace even when it is desolate.

xi.

Mishnah Berurah (36): Calculations of the Rabim are clamorous, and it is exceedingly disgraceful. The Pri Megadim connotes that the Tanai permits calculations of an individual when it is desolate. R. Yerucham connotes that the Gemara forbids calculations of the Rabim even though it is a public need, and all the more so of an individual.

xii.

Magen Avraham (15): (Tosfos says that) the Tanai helps because their Kedushah will lapse when Moshi'ach comes. However, the Gemara says that they will be fixed in Eretz Yisrael! We must say that those that became desolate before Moshi'ach will not be fixed in Eretz Yisrael. This requires investigation. Do not say that only the building will be fixed in Eretz Yisrael, but the ground will remain in Chutz la'Aretz, for we learn from a Kal va'Chomer from Mount Tavor and Karmel, and there the ground was fixed in Eretz Yisrael!

xiii.

Kaf ha'Chayim (69): Eliyahu Rabah answered that even though they will be fixed in Eretz Yisrael, (now) they do not have Kedushah. Alternatively, one could say that when Moshi'ach comes, their Kedushah will be fixed in Eretz Yisrael.

xiv.

Mishnah Berurah (38): The Magen Avraham holds that the Tanai helps even in Eretz Yisrael for uses without disgrace.

xv.

Kaf ha'Chayim (67): A Tanai does not help for all the matters in 153:9 (a bathhouse, tannery, Mikveh or bathroom), nor for idle talk.

xvi.

Kaf ha'Chayim (65): If they initially stipulated to pray there only until a certain time, it has no Kedushah at all after the time.

xvii.

Kaf ha'Chayim (70, citing Machazik Berachah): Nochrim sell grapes that grow in Har ha'Bayis. Mizbe'ach Adamah permitted buying them due to a Sefek-Sefeka (two doubts). I heard that Nochrim profaned the Kedushah, i.e. for Me'ilah; the Shechinah never left. One must ponder this well.

OTHER D.A.F. RESOURCES
ON THIS DAF