Shulchan Arukh Orach Chayim · Siman 153

Shulchan Arukh Orach Chayim 153 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1The Laws of Building a Synagogue. Containing 22 Se'ifim: One may convert a synagogue into a study hall, but not a study hall into a synagogue.
2. 2Residents of a city that sold a synagogue may use the money to buy an ark - which is a chamber in which they place a Torah scroll, or a plank upon which to put a Torah scroll. If they sold an ark, they may use the money to buy a cover for the Torah scroll; if they sold a cover, they may use the money to buy scrolls - which are ones in which each Chumash (book of the Torah) is written separately - and likewise, [scrolls of] the Prophets and the Writings; if they sold scrolls, they may use the money to buy a Torah scroll. But the opposite - to lower them from their [level] of holiness - is forbidden. And even if they bought something that is more sacred with part of the money, they may not exchange the rest for something less sacred.
3. 3A Torah scroll in which a mistake is found has the status of Chumash scrolls (and see above, siman 143).
4. 4[Regarding] whether it is permissible to buy, using the money [earned from the sale] of a sacred object on one level of holiness, another sacred object on the same level of holiness - some forbid it and some permit it.
5. 5If they collected money to build a synagogue or a house of study, or to buy a chamber or a [Torah] covering or a Torah scroll, and they wanted to change it from that for which they collected it - they may only change [it] from a lighter holiness to a weightier holiness. But if they completed the thing for which they collected the money, they may change the rest to [be used for] anything they want. And if they stipulated, when they collected the money, to do what they want with the rest of the money - even if they bought something and sold it and then bought a holy [object] with some of the money - they may lower [the holiness] of the rest (ie. they may purchase a less sacred object with the leftover money). But if they did not make [such] a stipulation when they collected it, but rather made a stipulation [only] when they sold [the object] - it is forbidden to lower it. Rem"a: And if they bought wood and stones with some of this money that they collected, the holiness of the money rests upon the wood and the stones, and it is forbidden to exchange them, except if going to a weightier holiness. And if they brought wood and stones for the purpose of building a synagogue: If they come to the hand of the administrator ( gabbai ), it is forbidden to exchange them, except if going to a weightier holiness; but before they come to the hand of the administrator, it is permissible to change it [according to their preference]. Nevertheless, one may not go back upon it (Beit Yosef, and it is likewise implied in Mordechi at the beginning of chapter B'nei Ha'ir).
6. 6We may sell a synagogue - and likewise other things with holiness, even a Torah scroll - for the needs of the [Torah] students or to marry off orphans, with their revenue.
7. 7And that which a synagogue can be sold - this applies to [synagogues] of villages where people from other places do not come [to it] - as it was only made for the residents of the villages. (and even if they built them from [the money] of others - Old Version of Mordechi in the name of Ravia"h) . And therefore they can sell it; however, the money retains its holiness and they are not permitted to lower them from their holiness. And that is when the residents of the city sold it without the knowledge of their leaders; the same being true when the seven distinguished men of the city (ie. trustees) sold it not in the presence of the residents of the city. But if the seven distinguished men of the city agreed to this sale, and they were in the presence of the residents of the city - they are permitted to spend the money for anything they would want. But if the residents of the city explicitly accepted [the authority of another] upon themselves with this sale, then everything they (ie. the authority) do - even if it's an individual - what was done is valid. Rem"a: And as long as the seven distinguished men of the city sell it publicly, it is considered to be in the presence of the residents, and they do not need [their consent], to say yes or no (Mordechi). But [synagogues] of cities, where [people] come to it from other places - even if they (ie. the residents) built it with their own [money] - it may not be sold, unless they made it dependent on the consent of [one] individual, for then the individual can do what he wants with it, with the agreement of the people. And the same applies to all holy objects that were mentioned here - as all of them follow [the laws of] a synagogue. Rema: [Regarding] an individual who built a synagogue and gave it to the community, its laws are like a synagogue of the community. But if he left any authority in it for himself, there can be no sale of it without the [approval] of the community and his [approval] or that of his heirs' (Or Zarua and Hagahot Ashr"i in Perek B'nai Ha'ir). And all of this refers to when they have another synagogue. But if they have only one synagogue, it is forbidden to sell it, for even to demolish it is forbidden, until they build another (Rabbenu Yerucham 3:5 and Beit Yosef in the name of Ramban). Any holy object that is sold and is permitted to change [it's level of sanctity with the money from the sale] can be sold without announcement, and is not subject to price gouging (any price can be charged for it). But something that cannot be changed to a lower holiness requires an announcement (Rashba Responsum 1004).
8. 8If they built a regular house and sanctified it afterwards to be a synagogue, its laws are like [that of] a synagogue; but it is not holy until they pray in it, even if they built it as a synagogue. But once they prayed in it - even guests, temporarily - since it was designated for prayer, it is holy. [However], if they sanctified it temporarily [through a stipulation], it is all according to what they said.
9. 9When the residents of a village sell a synagogue, they may sell it as a permanent sale; and the buyer may make anything he wants with it - except for a bathhouse, a tannery, a ritual bathhouse, or a bathroom. But if the seven distinguished men of the city (ie. trustees) sold it in the presence of the residents of the city, the buyer can make [it into] even these four things.
10. 10Some say that an individual is permitted to sell his own [holy objects], even a Torah scroll, and use that money for anything that he wants - so long as it was not sanctified/designated to be read by the community. And there is one that forbids it unless it is in order to [support] the study of Torah or to marry a woman.
11. 11They may give a synagogue, or bricks and wood from an old synagogue, as a gift. For if they did not have benefit from it, they would not give it as a gift, and it would therefore be considered as a sale. And they may likewise trade them for others, and they become non-sacred. But it is forbidden to use them as collateral,or to rent them, or to lend them - even through the seven distinguished men of the city (ie. trustees) - as [the objects] retain their holiness, for there is no other item here for their holiness to rest upon. Rem"a: And this is specifically [if it was done] in a way that lowers them from their holiness; but it is permissible to lend even a Torah scroll to have it read - even one belonging to the community to an individual (Beit Yosef in the name of the Orchot Chaim)
12. 12One who has a stipulation with the congregation that no one may build a synagogue besides him and his descendants, may not sell this right to another.
13. 13If they collected money for the building of a synagogue but another mitzvah comes upon them, they may spend the money for it. If they [already] bought stones and beams, they may not sell them for the use of another mitzvah, except for redeeming captives. Even though they brought the stones and chiseled them; and the boards and shaped them; and prepared everything for building the synagogue - we sell it all only to redeem captives. But if they built and finished [it], they may not sell the synagogue, but must rather collect [new funds] from the community for the redemption.
14. 14If Reuven said, "I am giving this land to build a synagogue upon it," but the [gentiles] do not let them build a synagogue; and the community says to [instead] build a school upon it, but Reuven says, "I did not donate [it] with this in mind" - Reuven is not able to go back upon it. And if Reuven does not live there, they may change [the use of the land]; but if he is among the residents of that city, they are not allowed to change it if he gets up and screams (yells), unless there is a Torah scholar in the city for whom any [communal] decision that is made, is done through his authority. (And the seven distinguished men of the city (ie. trustees) are [considered] like a Torah scholar [in this regard]) (Mordechi at the beginning of Perek B'nei Ha'ir.)
15. 15A man may not forbid his section of the synagogue, nor of the scrolls [to others]. And if he forbids [them], it is nothing (ineffective).
16. 16[In the case of] a person that lent his house for a synagogue and has a dispute with another congregant - he cannot forbid that person [from entering], unless he forbids the whole congregation. Rem"a: And that is specifically when he lent it from the outset without conditions. But if he stipulated from the outset that anytime that he will want to protest, he will have the right to protest (prevent someone's entrance), or if he he did not explicitly lend [it] to them, but rather just allowed them to enter his house, he has the right to protest as he wishes (Mahara"m Padua, Section 85)
17. 17[Regarding] someone who had a synagogue in his house for a long time - the community is not permitted to move it to another house.
18. 18There is one who says [regarding] holy silver vessels which they were accustomed to always bring to the synagogue on holidays, that they may not be deconsecrated and sold. And the congregation may seize them, such that they remain sanctified property after the death of the one who sanctified them.
19. 19There is one who says that if after the death of a person, a written document is found [stating] that he dedicated vessels, yet there are no witnesses to it and he did not deliver it to the congregation - nevertheless, it becomes sanctified property.
20. 20There is one who says [regarding] a Torah scroll that is assumed to have belonged to Reuven's ancestors, that the community may not possess it.
21. 21We may not buy mantels that were used for everyday purposes, for the use of holiness (eg. such as to cover a Torah scroll). Rem"a: And it is forbidden to use the compensation of a zonah (ie. prostitute) or the exchange of a dog to make something for a mitzvah - like a synagogue or a Torah scroll. And that is specifically from the [object used as] compensation itself; but if they gave her money as compensation, it is permissible to buy a mitzvah item with it. And it is only referred to as a zonah if it involved a sexual prohibition (ed. from the Torah), but regarding unmarried prostitutes, it is permissible to accept [the compensation] from them. (Rabbenu Yerucham 3:1).
22. 22[Regarding] a man who is accustomed [to doing] a certain mitzvah - such as rolling [the Torah] - and he [experienced] an extenuating circumstance or poverty, such that the congregation gave the mitzvah to another; but afterwards he became wealthy and wanted them to give him back the mitzvah: If when the congregation had given the mitzvah to the second one, the first one had the wherewithal to give what he had been giving every year, but he chose not to, and was satisfied - with the rest of the congregation - to give it to the other, he has lost his prerogative; but if he did not have the wherewithal when they gave it to the second one, and now that he has it, he wants to fulfill the mitzvah and again give what he was giving at first, he returns to his mitzvah (ie. they must give it to him).

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