A house of prayer may be sold only on condition that if they (the sellers) desire, it will be returned. These are the words of R. Meir. [Even from the many to the many it may not be sold unconditionally, this being demeaning, as if to say: "It is nothing special to us." The halachah is not in accordance with R. Meir.] The sages say: It may be sold forever (i.e., unconditionally) [even to an individual, for any purpose], except for four things: a bathhouse, a tannery, a mikveh, a "watering" house [i.e., for washing (clothing); or, for passing water.] R. Yehudah says: It may be sold as a courtyard, and the buyer can do what he wants with it. [The halachah is not in accordance with R. Yehudah.]
Bartenura on Mishnah Megillah
אלא על תנאי – and even that [synagogue] which belongs to the community, it is forbidden for the community to sell it to another community permanently, for it is a manner of disgrace, that is to say, it is not anything in our eyes. But the Halakha is not according to Rabbi Meir.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Megillah
Introduction
This mishnah deals specifically with selling a synagogue.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Megillah
ממכר עולם – and even to an individual and even to all of its implements. חוץ מד' דברים – that for those four things he should not sell it (i.e. a bathhouse, tannery, Mikveh and/or a urinal/laundry room – see the next entry).
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Megillah
They may not sell a synagogue except with the stipulation that it may be bought back whenever they want, the words of Rabbi Meir. Rabbi Meir holds that the community can sell the synagogue but only on condition that the synagogue can be bought back any time they wish. It sounds like Rabbi Meir intends to say that while the community may sell the synagogue because they need to buy holier items, what the community should really do is save up so that they can buy the synagogue back. Also, if they saw that the synagogue was being put to improper use, they could demand to purchase it back immediately.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Megillah
בית המים – for laundering or alternatively, for urine.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Megillah
But the sages say: they may sell it in perpetuity, except for four purposes for it to become one of four things: a bathhouse, a tannery, a ritual bath, or a urinal. The rabbis are more lenient when it comes to selling the synagogue and do not require the seller to be able to buy it back whenever he should so please. The one restriction is that the sellers may not sell it knowing that it will be used for a something smelly (a tannery, a urinal) or for something where people will be naked (a bathhouse or a ritual bath).
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Megillah
ר"י אומר: מוכרין אותו לשם חצר – But the Halakha is not according to Rabbi Yehuda.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Megillah
Rabbi Judah says: they may sell it to be a courtyard, and the purchaser may do what he likes with it. Rabbi Judah points out that if the synagogue’s owners cannot by right repurchase the synagogue, then the new owners can trick the system by first buying it to be a courtyard and then doing with it whatever they like, including turning it into a urinal. It is unclear whether Rabbi Judah says that this is permitted and there’s nothing that can be done about it, or what he is really doing is criticizing the sages’ position by pointing out that they can’t really enforce their halakhah. As we shall see in the next mishnah, Rabbi Judah believes that a synagogue retains its sanctity even after it is destroyed. It therefore seems less likely that Rabbi Judah would condone the synagogue becoming something like a urinal.
