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28a-b: Inappropiate Uses of a Synagogue (1)

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http://www.e-daf.com/dafprint.asp?ID=1467 for 28a, and

http://www.e-daf.com/dafprint.asp?ID=1468 for 28b.

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One of the major themes that we have been exploring over the last several weeks is that of the sanctity of the synagogue, as expressed primarily in various laws relating to its sale. At this point we will jump a bit ahead in the gemara and learn some laws relating to proper decorum in the shul or bet medrash, an area that also has its root in the sanctity of the building (kedushat makom = sanctity of the location).

We turn to the mishna on the bottom of 28a:

And R' Yehuda also said: One does not offer a eulogy in a destroyed synagogue;

and we do not twist ropes in it;

and we do not set traps in it;

and we do not spread fruits on its roof;

and we do not make it a shortcut;

as it says, "And I will make desolate your holy places" - they retain their holiness even while desolate.

(If) weeds grew in it - one should not cut it, because of (=to increase) grieving of the heart.

ועוד אמר רבי יהודה: בית הכנסת שחרב אין מספידין בתוכו;

ואין מפשילין בתוכו חבלים,

ואין פורשין לתוכו מצודות,

ואין שוטחין על גגו פירות,

ואין עושין אותו קפנדריא,

שנאמר (ויקרא כ"ו) והשמותי את מקדשיכם - קדושתן אף כשהן שוממין.

עלו בו עשבים - לא יתלוש, מפני עגמת נפש.   

The mishna starts with the word "and," because it is a continuation of the previous mishna (which we have skipped), in which R' Yehuda gave his opinion regarding the extent to which one who is selling a shul must take into account the intentions of the buyer regarding how he plans to use the building after the sale.  He now continues his discussion of proper uses of a former shul building by discussing what can be done in a shul that has been abandoned or ruined. The basic rule is that the building retains its sanctity and therefore may not be used for any mundane purpose. Thus, for example, one may not twist ropes in the building. Rashi points out that this is merely an example of a something that might be done in a shul, because it is an activity that requires plenty of open space. The same prohibition would apply to the manufacture of any other item. Similarly, one may not trap animals there, use its roof as an open surface upon which to spread fruits in order to dry them in the sun, and one may not use the place as a shortcut. The mishna finally explains the reason for all of this - the shul retains its sanctity, as indicated by the verse in Sefer Devarim.

R' Yehuda adds one more detail - that if grass grows in the shul, one should leave it that way. At first glance this seems counter-intuitive. One would have thought that it would be respectful to ensure that the property was kept up! Why should we let it become overgrown with weeds? R' Yehuda himself explains that, given the regrettable fact that the synagogue lies in ruins, we are interested in emphasizing the shocking state affairs, by increasing the "grieving of the heart." Rashi (s.v. mipnei, 9 lines from the end of 28a) explains further:

Because of grieving of the heart - we leave the weeds in order that there be grieving of the heart of those who see it; and when they remember the days in which it was built up and how they were accustomed to gathering there, they will supplicate (=pray) for mercy that it should return to its former state.

The gemara

We now move to the gemara, starting on the last line of 28a. The gemara begins with a b'raita that cites the view of R' Yehuda just mentioned in our mishna, and which also makes the transition to proper decorum in a shul that is still functioning.

The Rabbis taught (a b'raita): We do not act in synagogues in a lightheaded way:

We do not eat in them, and we do not drink in them;

and we do not adorn ourselves in them, and we do not stroll around in them;

and we do not enter them when it is sunny because of the sun or in the rain because of the rain;

and we do not eulogize a private eulogy in them.

But we read (Tanach) in them, we learn(mishnayot) in them,

and we eulogize a public eulogy in them.

R' Yehuda said: When? When they are standing,

but when they are destroyed, we leave them and allow grass to grow, and he should not cut, because of grieving of the heart.

Weeds - who mentioned their name?

It (the b'raita) is missing (words) and this is what it should say:

and we sweep them and sprinkle water on them so that grass will not grow in them.

R' Yehuda said: When? When they are built, but when they are destroyed - we leave them to come up. If grass came up - he should not cut, because of grieving of the heart.

תנו רבנן: בתי כנסיות אין נוהגין בהן קלות ראש:

אין אוכלין בהן, ואין שותין בהן,

ואין ניאותין בהם, ואין מטיילין בהם,

ואין נכנסין בהן בחמה מפני החמה ובגשמים מפני הגשמים,

ואין מספידין בהן הספד של יחיד.

אבל קורין בהן, ושונין בהן,

ומספידין בהם הספד של רבים.

אמר רבי יהודה: אימתי - בישובן,

אבל בחורבנן - מניחין אותן ועולין בהן עשבים, ולא יתלוש מפני עגמת נפש.

עשבים - מאן דכר שמייהו?

חסורי מיחסרא והכי קתני:

ומכבדין אותן, ומרביצין אותן כדי שלא יעלו בהן עשבים.

אמר רבי יהודה: אימתי - בישובן, אבל בחורבנן - מניחין אותן לעלות. עלו בהן עשבים - לא יתלוש, מפני עגמת נפש.  

The b'raita cited here starts with the rules of activities prohibited in a regular, functioning, shul. It should be noted that since these laws stem from the inherent holiness of the location (kedushat hamakom), the prohibitions apply even when services are not taking place in the shul. The b'raita states that kalut rosh, lightheaded activity, is prohibited. This certainly includes behavior such as merrymaking, laughter, socializing, etc (see Shulchan Aruch 151:1). The b'raita continues by also providing other concrete examples that are not as obvious -  eating, drinking, adorning oneself, lounging around, or even using the building as shelter or for private eulogies (the gemara will define what that means). In short, since we must have a sense of reverence for a shul, it should not be used for purposes other than prayer (obviously) or Torah study or public eulogies.

The b'raita concludes with a qualifying statement of R' Yehuda: This applies only when the shul is functioning, but if it is destroyed, we allow it to become overgrown with grass (as we learned in the mishna). The gemara asks the obvious question; what exactly is R' Yehuda qualifying? If he had contrasted the laws of a shul that is functioning and one that is destroyed with regard to something mentioned in the b'raita, his comment would make sense - but the issue of grass has not come up in the b'raita, and he has not permitted in a destroyed shul any other activity that is forbidden while the shul is functioning!

The gemara answers that the text of the b'raita quoted previously was incomplete. The correct version does in fact include a clause about grass, and it is that clause that R' Yehuda qualifies in the b'raita's concluding phrase. The b'raita states that we should not allow vegetation to grow in a shul (by regularly sweeping and sprinkling water - the floor is obviously assumed to be earth). R' Yehuda adds that this is true only while the shul is in regular use, but if it is destroyed, grass should be allowed to sprout, so as to increase our grief at its state of disuse.

Back to the gemara

Having presented the basic guidelines of permitted and forbidden activities in a shul, the gemara now adds an important caveat. We are up to the 13th line of 28b.  

Rav Asi said: synagogues in Babylonia are made conditionally.

Nevertheless we do not act light-headedly in them.

And what is it? Calculations. 

Rav Asi said: A synagogue in which calculations are calculated - we house a corpse overnight.

We (must) house - this enters your mind!?! Is it not enough if we don't?

Rather - they will end up housing in it a "mitzvah-corpse."

א"ר (=אמר רב) אסי: בתי כנסיות שבבבל על תנאי הן עשויין,

ואף על פי כן אין נוהגין בהן קלות ראש.

ומאי ניהו? חשבונות.

אמר רב אסי: בית הכנסת שמחשבין בו חשבונות - מלינין בו את המת.

מלינין סלקא דעתך? לא סגי דלאו הכי?

אלא: לסוף שילינו בו מת מצוה.   

Rav Asi introduces the issue of t'nai, a condition, to the discussion. The clear implication is that since Babylonian synagogues were constructed conditionally, the halacha will be more lenient with regard to which activities can be performed there. However, Rav Asi does not spell out precisely what leniencies will apply in such a shul; he merely states that lightheaded behavior is still prohibited, as it is in any synagogue. What, then, is his point? Additionally, he gives an example of an activity proscribed due to its status as kalut rosh - "calculations." What exactly does this refer to, and how does it relate to the series of activities described previously in the b'raita?

Tosafot understood that "calculations" means exactly what it sounds like - regular business computations. They therefore point out that while this is a mundane activity, it does not seem to be quite as disrespectful to use a shul for this purpose as for some of the other things previously mentioned, such as eating and drinking. It must be that Rav Asi mentions calculations to emphasize that every form of mundane activity, even business calculations, is still prohibited in Babylonian synagogues, despite the fact that they were constructed  conditionally. If so, what is the impact of the t'nai? What in fact is permitted in the conditional Babylonian synagogues that was prohibited in the absolute Palestinian ones.

According to Tosafot, the condition becomes relevant only after the shul has ceased to function. Whereas regular shuls maintain their sanctity even in such a state, Babylonian shuls do not. (Of course, this applies to any shul constructed with such a stipulation). According to this explanation, Rav Asi, whose statement is placed immediately after that of R' Yehuda in the gemara, qualifies R' Yehuda's specific issue - that of a shul that is no longer functioning in its former capacity. R' Yehuda states that it retains its sanctity and Rav Asi notes that this is not the case if the shul was constructed with the stipulation that its sanctity remain only while it continues to function as a shul. His statement should thus be read: "Synagogues in Babylonia are made conditionally (and therefore may be used for mundane purposes after they cease functioning). Nevertheless, we do not act with lightheadedness (before they cease to function)." This is true even with regard to business calculations.

Other commentators take a different approach. They argue that Rav Asi's leniency applies across the board, even while the shul is functioning. He does not, after all, explicitly differentiate between a shul that continues to function and one that has ceased to function, and we do have precedence for the fact that a t'nai can permit one to use holy items that are still in use for mundane purposes. If so, why are calculations forbidden? This group of commentators claim that calculations are actually more irreverent than other types of mundane activity. It may be, for example, that the calculations mentioned are for the community's affairs, which are of public interest, and using the shul as the location of such computations thus calls attention to the building's state of disuse. According to this approach, while regular activities such as eating and drinking are permitted in Babylonian shuls even while they are functioning, extremely irreverent behaviors such as calculations are forbidden. Thus, Rav Asi's statement reads: "Babylonian synagogues are made conditionally (and may be used for mundane purposes). Nevertheless, we do not act in them with (extreme) lightheadedness." An example of such exceedingly inappropriate behavior is "calculations." 

However one interprets the extent of Rav Asi's leniency, he concludes with a stern warning not to abuse the privilege - "a synagogue in which calculations are calculated - we house a corpse overnight." The gemara questions the meaning of his statement. Did he intend to suggest that such a place must be used for housing corpses?! Why would we put a corpse in a shul? The gemara clarifies that Rav Asi was alluding to possible Divine retribution -  the town will be forced to house "mitzvah-corpses" there. A "mitzvah-corpse" (meit mitzvah) is a corpse that has no one to attend to its burial. It is knowns as a mitzvah-corpse because anyone who comes across it is obligated to bury it and the burial is considered a great mitzvah. Thus, Rav Asi warns that if people desecrate the sanctity of the shul by engaging in calculations there, the town will experience the misfortune of people dying without close family, such that the community would have to take responsibility for the burial - and could end up having to house the corpses temporarily in the shul itself. In other words, it is an extremely bad idea to misuse a synagogue.

Have a wonderful Shabbat!

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