Sanctity of a Synagogue (Permanent v. Temporary)
October 28, 2008 In connection with Fifth Avenue Synagogue’s Jubilee celebration, Rabbi Kermaier dedicated this morning’s class to the subject of kedushat beit ha’knesset (the sanctity of the synagogue). He plans to continue with this subject in the coming weeks.
This morning’s teshuva comes from a new sefer by Rabbi Nachum Rabinowitz of Maale Adumim, Si’ach Nachum. Rabbi Kermaier noted by way of introduction that it is common in Israel for minyanim to convene in areas not dedicated to exclusive use as synagogues. The twofold question came from a rabbi in a school where the function hall was designated as a synagogue, with a sign to that effect placed outside the room, and the room contained an Aron Kodesh and Sefer Torah. First, does the room have the sanctity of a synagogue? Second, may the students hold their Purim party in the room? The question notes that the party will have boys and girls together, and there will be dramas, dancing, and costumes. Before turning to the answer, Rabbi Kermaier read excerpts from the Shulchan Aruch’s strictures regarding a synagogue. One may not sleep or eat there unless to facilitate its function as a synagogue (e.g., sleeping over on the night of Yom Kippur), or use it as a shortcut. Interestingly, the Shulchan Aruch said it was permissible to spit in a synagogue, which may be a reflection of changing mores. The answer began by quoting a case in the Shulchan Aruch, based on the Talmud in the fourth chapter of Megillah, with respect to a city plaza used for prayer on fast days. The Shulchan Aruch rules that the plaza lacks the sanctity of a synagogue, because its use for prayer is only temporary. Similarly, homes and courtyards used for occasional prayer do not achieve permanent sanctity. What is more, space rented for prayer, even if used for that purpose regularly, do not achieve permanent sanctity, because the use is ultimately temporary, as the owner can always take the space back. Only when the space is built or purchased with intent to be used as a synagogue is the sanctity permanent. (Query whether a long-term lease would be considered permanent for these purposes.) The Aruch Hashulchan notes a linguistic distinction in the Shulchan Aruch. With respect to a rental, the Shulchan Aruch says the space does not have the law of a synagogue; with respect to a plaza, the Shulchan Aruch says the space has no sanctity. The Aruch Hashulchan explains that a space used temporarily has no sanctity, while one used temporarily but regularly has sanctity while being used, but not permanent sanctity, because it may be reclaimed by its owner. While the sanctity exists, one may not perform degrading actions in the space. Thus, the Taz rules that one may live above a rented synagogue, but must conduct himself with cleanliness. Rabbi Kermaier cited the Rema as holding that if a structure was built as a house, and only later was part of it designated as a synagogue, one may live above the synagogue. Returning to the question from the school rabbi, the teshuva says it would have been best to make an explicit condition at the outset that the function hall was not to be used exclusively as a synagogue. With such a condition having been made, the room could be used for other purposes. If there was no explicit condition, one may still be inferred from the context. Typically, a school will not have more than one large function room, so it will hold assemblies and celebrations in the one large room (which may even be used as a cafeteria). If so, it was understood from the outset that the room was not dedicated exclusively to be a synagogue. In addition, one should look at the mechitza, Aron Kodesh, and bima. If they are mobile, it is a sign that the room was not meant to be used exclusively as a synagogue. Against this background, one may hold the Purim celebration, which has a mitzvah component, in the function hall. Indeed, one may even eat in the room. In either case, however, the Aron Kodesh should be blocked by a partition or curtain (in addition to the usual mechitza) at such times. Finally, the question noted that there would be boys and girls at the Purim party and there would be dancing. The teshuva permits dancing in the function hall, provided it is not mixed. If mixed, it would be forbidden at any time or place.
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