Comentário sobre Meguilá 3:8

בני העיר, רחובה של עיר – it has holiness/Kedusha in it, for they pray in it (i.e., the streets of the city) on fast days. And the Sages dispute the anonymous Mishnah and say that the street of the city lacks coming under the category of holiness, since we don’t pray in it other than by mere chance. And the Halakha is according to the Sages.

Introduction The first three mishnayot of this chapter deal with the holiness of the synagogue and the articles found in it. Our mishnah deals with what one may do with the proceeds of a sale of the synagogue or the things in it.

בית הכנסת לוקחים תיבה – and specifically, the synagogue of the villages where he is able to sell it, but in the synagogues of walled cities, since in a general way one comes to it, and it is of the community and people cannot sell it.

Townspeople who sold the town square, they may buy with the proceeds a synagogue. [If they sold] a synagogue, they may buy with the proceeds an ark. [If they sold] an ark they may buy covers [for scrolls]. (1) [If they sold] covers, they may buy scrolls [of the Tanakh]. ( [If they sold] scrolls they may buy a Torah. One can sell an object and buy something that is somewhat holier. The town square has some holiness to it because it is occasionally used for gathering in prayer, such as during a public fast (see Taanit 2:1). “Scrolls” refers to books of the Tanakh not part of the Five Books of Moses.

ספרים – The Prophets and the Writings (i.e., the second and third sections of the Tanakh/Bible).

But if they sold a Torah they may not buy with the proceeds scrolls [of the Tanakh]. ( If [they sold] scrolls they may not buy covers. (1) If [they sold] covers they may not buy an ark. If [they sold] an ark they may not buy a synagogue. If [they sold] a synagogue they may not buy a town square. Conversely, one cannot sell an object and buy something with an object of less holiness.

אבל אם מכרו תורה לא יקחו ספרים – for we ascend in holiness and do not descend [in it].

The same applies to any money left over. If there is money left over from a permitted sale then they must still use that money to buy something with greater holiness. Thus if they sell covers and use the proceeds to buy scrolls and there is money left over, they must use the proceeds to buy other scrolls, or a Torah.

וכן במותריהן – They sold scrolls [of the Prophets and the Writings] and purchased from some of the monies a Torah, they should not purchase from what remains something whose holiness is less, and all of these things were not said other in order that the seven representatives of the town did not sell [them] in the presence of the witnesses/judges of the city, but if the seven representatives of the town did sell [them] in the presence of the witnesses/judges of the city, even to purchase with their monies liquor to drink, it is permitted, and especially of that [which belongs to] the villages, as we have said.

They may not sell [something] belonging to a community because this lowers its sanctity, the words of Rabbi Meir. They said to him: if so, it should not be allowed to sell from a larger town to a smaller one. According to Rabbi Meir there is an additional restriction when it comes to selling holy items. The community cannot sell an item that belongs to the community to an individual. So if the members of the synagogue own scrolls and they wish to sell them to buy a Torah, they may not sell the scrolls to an individual. This means that according to Rabbi Meir there seems to be holiness in the community. The item is more holy because it is owned by a community, an entity which has greater holiness than an individual. Alternatively, an item is holier if it is used by more people. The other sages respond that it is problematic to quantify holiness based on the number of people within an entity. If a community is holier than an individual, than a large community is holier than a small community. Since this doesn’t make sense, the sages reject Rabbi Meir’s halakhah altogether.

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.

Introduction This mishnah deals specifically with selling a synagogue.

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).

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.

בית המים – for laundering or alternatively, for urine.

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).

ר"י אומר: מוכרין אותו לשם חצר – But the Halakha is not according to Rabbi Yehuda.

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.

ואין מפשילין – to plait and twist, and the same law [applies] for all other forms of work, but the twisting of rope requires space the width of [one’s] hands, and the synagogue is a large house and it is worthy of this and it is its custom.

Introduction In this mishnah Rabbi Judah teaches that the holiness of a synagogue remains even if it has fallen into ruins. Rabbi Judah applies the holiness of the Temple in Jerusalem to the synagogue of the post-destruction period. Just as the holiness of the Temple and the Temple Mount remained even when Jerusalem was destroyed, so too the holiness of a synagogue remains when it physically lies in ruins. There is a deep message in this mishnah. The holiness of the synagogue is not dependent upon the existence of its physical structure. Once people have treated the place as holy, it will retain that sanctity forever.

קפנדריא – to shorten his walk on the way to the synagogue. And the [etymology of] the word קפנדריא/Kapandaria, is (see Talmud Berakhot 62b and Mishnah Berakhot 9:5 and the Bartenura commentary there) “in place of going around the rows of houses, I will enter this one,” that is to say, all the while that I need to go around rows of houses, I will shorten my path and enter on this path.

Rabbi Judah said further: a synagogue that has fallen into ruins, they may not eulogize in it, nor twist ropes, nor to spread nets [to trap animals], nor to lay out produce on its roof [to dry], nor to use it as a short cut, as it says, “And I will desolate your holy places” (Leviticus 26:3 their holiness remains even when they are desolate. One may not use a synagogue that lays in ruins for a profane, every day purpose. One cannot deliver eulogies in it because eulogies are not delivered in synagogues, even when they have been destroyed. [As an aside, the custom to deliver eulogies and conduct funerals inside synagogues is a modern custom, probably borrowed from the Christians. Jews used to deliver eulogies either at the cemetery on the path on the way there.] One can’t use it as a place of work. The mishnah uses the example of “twisting rope” because twisting rope requires space, but it means that no work should be done there. It should not be used to trap animals nor should its roof be used to dry out fruit. One shouldn’t use it as a short cut. In summary, it should only be entered for its intended purpose as a place of worship and Torah study. The mishnah uses a midrash, exegesis of a biblical verse, to prove this point. In a section in which God rebukes Israel, He threatens that He will “desolate your holy places.” The fact that the verse calls these places holy implies that they retain their holiness even when they have been destroyed.

מפני עגמת נפש – for they remember the days of its building and give heart to [re-]build it if they are able; or, they will request mercy upon it for its reconstruction. Therefore, there is no prohibition other than to pick grass and feed it to cattle or to destroy it [completely], but to pick grass and leave them in their place, it is permitted, and there is grieving of the soul.

If grass comes up in it, it should not be plucked, [in order to elicit] melancholy. The mishnah now changes direction and seems to acknowledge that there is some significance to the synagogue’s having been destroyed. According to the theology reflected in this mishnah, a destroyed synagogue is sign of God’s wrath, which comes as a result of Israel’s sin. When one sees grasses growing in a synagogue, a person will surely experience deep sadness. It will remind him that the synagogue was destroyed and that he should repent. It will also remind him that he should dedicate himself to rebuilding the synagogue as quickly as possible.

קורין פרשת שקלים – [The Torah portion of] Kee Tissa (Exodus 30:11-16), to announce that [people] should bring their Shekels in Adar in order that they can make offerings on the first of Nisan from new Terumah/heave-offerings.

If Rosh Hodesh Adar falls on Shabbat the portion of shekalim is read [on that day]. If it falls in the middle of the week, it is read on the Shabbat before, and on the next Shabbat there is a break.
On the second [of the special Shabbatot] they read “Zakhor;”
On the third the portion of the red heifer;
On the fourth “This month shall be for you;”
On the fifth the regular order is resumed.
They interrupt [the regular order] for anything: for Rosh Hodesh, for Hanukkah, for Purim, for fasts, for Ma’amadot, and for Yom HaKippurim.
The rest of this chapter deals with the portions of the Torah read on holidays and special Shabbatot. In mishnaic times they did not complete the Torah once a year as they did in Babylonia and as we do today, but rather about once every three years. Another difference between the ancient custom and that of today is that today when certain holidays fall on Shabbat we read the regular Torah portion and then we add a special reading for that day. In mishnaic times, since they didn’t really have a regular Torah portion, they only read the special reading. Thus if Rosh Hodesh fell on Shabbat they would read only the portion for Rosh Hodesh and interrupt the regular continuous reading of the Torah.
Our mishnah deals with the four special Shabbatot that precede Pesah. They are:
1) Shekalim to remind people that on Adar they would have to bring the half-shekel to the Temple (see tractate Shekalim). This was read before Rosh Hodesh Adar.
2) Zakhor Deuteronomy 25:17-19. This is read before Purim and connects Amalek with Haman.
3) Parah Numbers 19. We read about the red heifer to remind people that before Pesah they must be pure in order to eat the Pesah sacrifice.
4) Hahodesh Exodus 12:1-20. Read the Shabbat before Nissan to remind people that Pesah is approaching and that they must begin preparing.
Section one: On Rosh Hodesh Adar which falls on Shabbat they read Shekalim, which is Exodus 30:11-16. However, if Rosh Hodesh Adar falls during the week, they would read Shekalim on the Shabbat before Rosh Hodesh. On the Shabbat following Rosh Hodesh they would go back to reading where they had last left off in the regular cycle. This week would then be a break from the four special portions enumerated in our mishnah.
Sections 2-5: The mishnah now enumerates the four special portions, described above in the introduction. After Hahodesh, the order returns to its regular cycle. We should note the concept of Shabbat Hagadol, the Shabbat before Pesah, did not exist in mishnaic or talmudic times.
Section six: The regular reading of the Torah is interrupted for any special occasion. This includes all holidays. On fast days, meaning Mondays or Thursdays when they would fast for rain, they would not read the regular portion but rather the special readings for fasts. Ma’amadot were described in greater length in tractate Taanit. These were gatherings by people in towns when their kohanim would go to the Temple. The people in the town would read from the beginning of Genesis and not from the regular Torah portion.

מקדימין לשעבר – the read in the portion of Shekalim (Exodus 30:11-16) on the Sabbath that is before Rosh Hodesh, and even if Rosh Hodesh Adar falls on Friday, we advance the reading to the previous Shabbat.

ומפסיקין בשבת הבאה – from reciting the second portion, in order that the portion of Zakhor (Deuteronomy 25:17-19) would be read on the Sabbath closest to Purim, to juxtapose the wiping out/destroying of Amalek with the wiping out/destroying of Haman.

בשלישית פרה אדומה – to warn the Jewish people to purify themselves and that they should make their Passover sacrifices in purity. And which is the third Sabbath? That which is closest to immediately after Purim. And when Rosh Hodesh Nisan occurs on Shabbat, it would be that the third Shabbat is the Shabbat closest to Rosh Hodesh Nisan, in order to juxtapose the warning of the purification of those who became defiled [through contact] with the dead to the Passover [offerings].

ברביעית החדש הזה – for there is the portion of Passover (Exodus 12:1-20).

לכסדרן – to the order of the Haftarot/prophetic portions, for until here, we recite Haftarot that are an abstract of/a reflection of the four [special] Torah portions: The portion of Shekalim – “At years of age” (II Kings 12:1); the portion of Zakhor: “…I am exacting the penalty for what Amalek did to Israel…”(I Samuel 15:2 – though many customs today have the community read the entire chapter); the portion of Parah: “And I will sprinkle upon you purifying waters” (Ezekiel 36:15); the portion of HaHodesh: “On the first day of the first month” (Ezekiel 45:18). From here and onwards, he returns to recite the prophetic portion that is a reflection of the [Torah] portion of that day.

לכל מפסיקין – We do not recite a prophetic portion that is a reflection of that day’s [Torah] portion, but rather, an abstract of the event.

בפרשת מועדות שבתורת כהנים – “When an ox or sheep or a goat [is born…]” (Leviticus 22:27 – it begins the verse before and extends to Leviticus 23:44). It is dealing with the first day. But nowadays, it is the general practice that on the first day [of Passover] we read: “Go, pick out [lambs for your families…]” (Exodus 12:21 through verse 51), and we recite the Haftarah concerning the Passover in Gilgal (Joshua 3:5-7 and Joshua 5:2-16 and 6:1, 27); on the Second Day [of Passover” we read [in the Torah]: “When an ox or sheep or a goat [is born…]” (Leviticus 22:26-23:44). And we recite the Haftarah of the Passover of [King] Josiah (II Kings 23:1-9; 21-25 – though Bartenura errantly lists chapter 22). On the third day, [we read]: “Consecrate to Me every first-born” (Exodus 13:1-16). On the fourth day, [we read]: “If you lend money to My people…” (Exodus 22:24-23:19); on the fifth day [we read]: “Carve [two tablets of stone like the first…” (Exodus 34:1 – though today, the Torah reading, if it is Shabbat Hol HaMoed/the Intermediate Sabbath, begins with Exodus 33:12 and extends to Exodus 34:26); on the sixth day, [we read]: “Let the Israelite people offer the Passover sacrifice at its set time” (Numbers 9:2 – but the reading begins at Numbers 9:1 as pointed out in the Bartenura commentary – and extends to Numbers 9:14); on the seventh day, the Song at the Sea of Reeds (Exodus 13:17 – which extends to Exodus 15:26); and we recite the Haftarah: “And David spoke” (II Samuel 22:1-51). On the eighth day, which is the last day of Yom Tov in the Diaspora, we read [from the Torah]: “All male firstlings” (Deuteronomy 15:17 through Deuteronomy 16:17) and recite from the Haftarah: “This same day at Nob He will stand [and wave his hand]…” (Isaiah 10:32 through verse 34, Isaiah 11:1-16 and Isaiah 12:1-6). On Shavuot/Atzeret, on the first day of Yom Tov,[we read in the Torah]: “In the third month…” (Exodus 19:1 through Exodus 20:23) and recite the Haftarah of the Chariot of Ezekiel (Ezekiel, 1:1-28 and 3:12; on the Second Day of the Diaspora, [we read in the Torah}: “All male firstlings” (Deuteronomy 15:17 through Deuteronomy 16:17] and recite from the Haftarah Habbakuk (Chapter 3, verses 1-19; there is a Sephardic practice to extend the reading from Habbukuk 2:20-3:19). On Rosh Hashanah [we read in the Torah]: “And God took note of Sarah” (Genesis 21:1 through verse 24) for on Rosh Hashanah, Sarah was remembered, and we recite from the Haftarah of Hannah (I Samuel 1:1 through chapter 2, verse 10) as she too was remembered on Rosh Hashanah. On the Second Day of Rosh Hashanah, [we read in the Torah] the Akedah/the Binding [of Isaac] (Genesis, chapter 22, verses 1 through 24) and we recite the Haftarah portion: “Truly, Ephraim is a dear son to Me…” (verse 20 is the verse quoted at the conclusion of the Haftarah – of chapter 31 of Jeremiah – the Haftarah begins at verse 2). On Yom Kippur morning [we read in the Torah]: “After the death” (Leviticus 16:1 – the reading extends to the end of the chapter, verse 34) and we recite the Haftarah portion: “[For thus said] He who high aloft forever dwells” (verse 15 of the Haftarah from Isaiah that begins with chapter 57 verse 14 and concludes in Isaiah chapter 58 verse 14). At Minhah/Afternoon Service, [we read from the Torah]: the [laws of] incest (Leviticus chapter 18, verses 1-30) and recite the Haftarah [of the book of] Jonah. On [both] of the first two days of Yom Tov of “the holiday” (i.e., Sukkot), [we read from the Torah]: “When an ox or sheep or goat [is born]…” (Leviticus 22:26-23:44) and on the first day, we recite the Haftarah: “Lo, the day of the LORD is coming…” (Zechariah 14:1 and continuing to verse 21), and on the Second Day [of the Holiday], we recite the Haftarah: “All the men of Israel gathered [before King Solomon at the Feast…]” (I Kings, chapter 8, verses 2-21). And all the rest of the days of the Holiday (i.e., Sukkot), we read the sacrifices of the Holiday. How so? On the third day, which is the first day of Hol HaMoed, the Kohen reads, “And on the second day” (Numbers 29:17 and onwards to 19), the Levite reads: “And on the third day” (Numbers 29:20-22) and the Israelite reads: “On the fourth day” (Numbers 29:23-25), and the fourth Aliyah returns and reads: “On the second day” (Numbers 29:17-19) and “On the third day” (Numbers 29:20-22). On the fourth day (which is the second day of Hol HaMoed), the Kohen reads: “On the third day” (Numbers 29:20-22); the Levite reads “On the fourth day” (Numbers 29:23-25); the Israelite reads: “On the fifth day” (Numbers 29:26-28), and the fourth Aliyah reads: “On the third day” (Numbers 29:20-22) and “On the fourth day” (Numbers 29:23-25) and similarly for all of them. On the concluding day of the Holiday (i.e., Shemini Atzeret, as we know it today), [we read from the Torah]: “All male firstlings” (Deuteronomy 15:17 through Deuteronomy 16:17 – but today, if Shemini Atzeret occurs on Shabbat, we begin the Torah reading at Deuteronomy 14:22). And we recite the Haftarah: “When Solomon finished [offering to the LORD]…” (I Kings 8, 54-66), and on the morrow, we read [from the Torah]: “And this is the blessing” (Deuteronomy 33:1-through the conclusion of the Torah, Deuteronomy 34:12. The Bartenura does NOT mention the reading of the first chapter of Genesis as well). And we recite the Haftarah: “And it came to pass after the death of Moses” (Joshua, 1:1-18). And on the Shabbat that falls on Hol HaMoed/the Intermediate Days, whether for Passover or Sukkot, we read [from the Torah]: “See, You say to me…” (Exodus 33:12-34:26), and recite for the Haftarah: On Passover – The Dry Bones (Ezekiel 37:1-14) and for Sukkot: “When Gog sets foot [on the soil of Israel]…” (Ezekiel 38:18-39:16), for the tradition is in our hands that the Resurrection of the Dead will someday occur during Passover, and the War of Gog and Magog on Sukkot.

On Pesah we read from the portion of the festivals in Leviticus (Torat (Leviticus 23:4).
On Shavuot, “Seven weeks” (Deuteronomy 16:9).
On Rosh Hashanah “On the seventh day on the first of the month” (Leviticus 23:2.
On Yom Hakippurim, “After the death” (Leviticus 16).
On the first day of the Festival [of Sukkot] they read from the portion of the festivals in Leviticus, and on the other days of the Festival [of Sukkot] the [sections] on the offerings of the Festival.
This mishnah lists the portions read on the three pilgrimage holidays, Pesah, Shavuot and Sukkot and on Rosh Hashanah and Yom Hakippurim as well.
Most of these are straightforward and do not require explanation.
The one slightly confusing issue is the readings for Sukkot. On the first day of Sukkot we read from Leviticus 23, the same reading as on Pesah. On the remaining days we read the sacrifices listed for that day in Numbers 29:17 ff. Sukkot differs from Pesah in that on Pesah the same musaf offerings are made every day. On Sukkot each day has a different number of offerings. As an aside, this is one reason why we recite the full Hallel for all seven days of Sukkot but only on the first day of Pesah.

במעמדות במעשה בראשית – Since for the sacrifices, heaven and earth were established, and the order of their readings is explained in the last chapter (4) of Tractate Taanit.

On Hanukkah they read the section of the princes (Numbers 7).
On Purim, “And Amalek came” (Exodus 17:8).
On Rosh Hodesh, “And on the first of your months” (Numbers 28:11).
On Maamadot, the account of the creation (Genesis 1:1-2:3).
On fast days, the blessings and curses (Leviticus 26:3 ff and Deuteronomy 28). They do not interrupt while reading the curses, but rather one reads them all.
On Monday and Thursday and on Shabbat at minhah they read according to the regular order and this does not count as part of the reading [for the succeeding Shabbat].
As it says, “And Moshe declared to the children of Israel the appointed seasons of the Lord” (Leviticus 23:44) it is their mitzvah that each should be read in its appropriate time.
The final mishnah of our chapter details what sections are read on non-Toraitic holidays or events. Since there are no passages in the Torah about these days, the sages had to find other passages whose themes they deemed appropriate.
The mishnah concludes with a midrash explaining why it is that we read from passages in the Torah appropriate to the holiday.
Section one: Hannukah literally means “dedication” and refers to the dedication of the Temple after its restoration in the time of the Maccabees. The portion in the Torah read on Hannukah is a list of the gifts brought by the princes of each tribe at the dedication of the Mishkah, the tabernacle.
Section two: On Purim we read about Amalek because Haman was, according to the rabbis, from Amalek.
Section four: On Ma’amadot people would gather in the Temple or in their own cities while their local kohanim took there turn at service in the Temple. See Taanit 4:2-3.
Section five: The curses (called today the “tochekhah” or rebuke) are read on fast days as a warning to people that they must repent. When reading the curses we don’t interrupt, making them into two or more aliyot rather they are all read by the same person. This is still the custom today, making one of the aliyot in Ki Tavo the longest aliyah of the year.
Section six: Besides Shabbat morning, the Torah is also read on Mondays, Thursdays and Shabbat at minhah (the afternoon service). These readings go according to the regular cycle but they don’t count toward the regular progression. This means that the same portion that is read at all three occasions and then again on Shabbat. We only move forward on Shabbat.
Section seven: The chapter ends with a midrash on Leviticus 23:44. The verse states that Moshe told the holidays to the people of Israel, but this verse is superfluous Moshe taught all of the commandments to the people. Therefore the midrash teaches that not only did Moshe teach the holidays, but he taught each one at the time that it fell. By his example we learn that on all holidays we read the Torah portion relevant to that holiday.

ברכות וקללות – “If you will follow My laws…’ (Leviticus 26:3 and following) to inform that retribution comes to the world for being engaged in sin (see specifically, Leviticus 26:14-46, “the Rebuke”) so that they will return [to God] in repentance and will be saved from their troubles.

כסדרן – according to the portion of the day

ואין עולין להם מן החשבון – so that when Shabbat arrives, they will return and read what they read on [the previous] Monday and Thursday [mornings] and on Shabbat at Minha/Afternoon Service.

שנאמר וידבר משה – this refers to the entire Mishnah, to teach from here that it is Mitzvah on each festival to read from the [subject] matter of the festival.