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Megilah, 27

MEGILAH 27 (23 Tishrei) - dedicated anonymously by a student of the Daf in Har Nof, Yerushalayim, l'Iluy Nishmas Aviva Ahuva bas Shalom, on her Yahrzeit

1) HALACHAH: WHEN IS IT PERMITTED TO SELL A SEFER TORAH?

OPINIONS: Rebbi Yochanan said in the name of Rebbi Meir that a Sefer Torah may not be sold except for two purposes -- in order to raise funds to enable one to learn Torah, or to get married. The Gemara attempts to prove from here that one may sell an old Sefer Torah in order to buy a new one, equating buying a new Sefer Torah with learning Torah, for which it is permitted to sell a Sefer Torah. The Gemara rejects this proof and says that perhaps learning Torah is greater, for learning Torah brings one to fulfill the Torah in practice, and that is why one may sell a Sefer Torah to learn Torah.

This Gemara raises several questions that are relevant in practice.

(a) The Gemara leaves the question -- whether one may sell an old Sefer Torah in order to buy a new one -- unanswered. What is the Halachah in practice?

(b) May a Sefer Torah be sold for any other Mitzvah, such as Pidyon Shevuyim? May a Sefer Torah be sold in order to provide the poor with sustenance?

(c) May a Sefer Torah owned by an individual (as opposed to one of communal ownership) be sold?

(d) Is it permissible to sell a Sefer Torah when it was bought on condition to sell it (such as by a merchant)?

(e) If a Sefer Torah was found to be Pasul, may it be sold in order to help raise money to buy a new Sefer Torah?

HALACHAH:
(a) It is clear from the Gemara that if the new Sefer Torah is not yet ready, it is certainly Asur to sell an old one, because something might happen which will prevent the new one from being bought and the community will be left without a Sefer Torah. The Gemara's doubt is when the new Sefer Torah is ready to be bought.

The SHACH (YD 270:3) rules that it is prohibited to sell an old Sefer Torah to buy a new one, even when the new one is ready. His reasoning is that we must be stringent since the Gemara left this question unanswered (this is based on the RAN and the ROSH and their understanding of the RIF). RAV MOSHE FEINSTEIN (IGROS MOSHE YD 3:113) points out that even though the Isur of selling a Sefer Torah is only mid'Rabanan, nevertheless we must be stringent because of the Kavod of the Torah.

However, the LEVUSH and the TAZ permit selling an old Sefer Torah when there is no concern that we will be left without a Sefer Torah. In practice, Rav Moshe Feinstein (loc. cit.) rules that we should be stringent like the Shach (see also Derishah, end of YD 270:2).

(b) TOSFOS in Bava Basra (8b, DH Pidyon Shevuyim, cited by the GILYON HA'SHAS here) says that it is certainly permitted to sell a Sefer Torah for Pidyon Shevuyim. Tosfos says that the Gemara did not mention it because it is so obvious. This is the ruling of the MAGEN AVRAHAM (OC 153:9). (The DERISHAH (YD 252:2), though, asserts that when Tosfos says that it is obviously permissible to sell a Sefer Torah for Pidyon Shevuyim, Tosfos is only referring to raising money for the Pidyon of oneself, but not for others.) The MISHNAH BERURAH (153:24) points out that the Magen Avraham later (153:11) rules that it may be sold for Pidyon Shevuyim only as a last resort, when there is no other way to raise the money needed. This is the ruling of the RAMBAM and SMAG.

According to the RAMBAM (Hilchos Sefer Torah 10:2), a Sefer Torah may not be sold even to provide food for poor people who have nothing to eat. The HAGAHOS MAIMONI questions the Rambam's source for this, since the Yerushalmi (end of Bikurim) says explicitly that a Sefer Torah may be sold to provide food for one who has nothing to eat. Moreover, our Gemara quotes Raban Shimon ben Gamliel who said that if one sells a Sefer Torah in order to provide food even if he has nothing else to eat, he will see no Berachah from the sale. This implies that it is not *prohibited* to sell a Sefer Torah to provide food; he will just not see a Berachah from the sale.

The BEIS YOSEF, though, says that the Rambam assumed that since the Gemara says that one sees no Berachah from such a sale, it must be that the sale is prohibited. However, the Beis Yosef seems to conclude like the Hagahos Maimoni, that it is permissible to sell a Sefer Torah if one has no other source to provide food for himself.

(c) The SHULCHAN ARUCH (OC 153:10) brings two opinions whether or not a Sefer Torah owned by an individual may be sold. The MAGEN AVRAHAM writes that the practice is to sell a privately-owned Sefer Torah, even if it was used for public reading, since it is assumed that the owner gave it over for public use only on condition that he retains the rights to sell it. The owner was not *Makdish* his Sefer Torah to the public use, but rather he merely gave them permission to read from it (SHA'AR HA'TZIYON 153:57)

(d) It is permissible to sell a Sefer Torah when it was bought on specific condition to sell. This Heter also applies when one received a Sefer Torah as payment for a debt owed to him (MISHNAH BERURAH 153:62). In both cases, he may use the money for any purpose.

(e) RAV MOSHE FEINSTEIN (loc. cit.) rules that it is permissible to sell Sifrei Torah that are Pasul in order to raise money to buy a new Sefer Torah.


27b

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