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1) THE KEDUSHAS OF SHULS AND BEIS MEDRASHES

(a) (Rav Acha): Presumably, Rav Papi is correct, for R. Yehoshua Ben Levi learned that way.

1. "Every great house" - R. Yehoshua Ben Levi and R. Yochanan argued; one said this is a Beis Medrash - "Hashem ... made the Torah great".
2. One said it is a shul - "the great deeds of Elisha" - he did these through prayer.
3. Since R. Yehoshua Ben Levi said that a Beis Medrash is holier, he must hold the first way.

(a) Question: May we sell an old Sefer Torah to buy a new one?

1. Since we do not raise the Kedushah, no.
2. Or perhaps, since there is no higher Kedushah, yes.

(b) Answer: The Mishna said, one may not sell a Sefer Torah to but Seforim - implying, we may sell to buy a Sefer Torah!
(c) Rejection: That is only B'diavad - the question is, may we sell L'chatchila!
(d) Answer (Beraisa): We may wrap a Sefer Torah with covers of Chumashim; Chumashim may be wrapped with covers of prophets or Kesuvim; we may not wrap prophets or Kesuvim with covers of Chumashim, nor Chumashim with covers of a Sefer Torah.

1. We infer from the start of the Beraisa that we may not wrap a Sefer Torah with the cover of a different Sefer Torah.
2. But the end implies that we may!
3. We cannot resolve our question from this Beraisa.

(e) Answer (Beraisa): We may put a Sefer Torah on a Sefer Torah or on Chumashim (the same or a lower Kedushah); we may not put a Sefer on a Sefer of higher Kedushah.

1. Just as we may put one Sefer Torah on another, so too we may sell one to buy another.
2. Rejection: You cannot bring a proof from there - one must rest Seforim on Seforim - when they are written together in one parchment, Seforim are wound on Seforim!

(f) Answer: Rabah Bar Bar Chanah said, we may not sell an old Sefer Torah to buy a new one.
(g) Rejection: There, the concern is that he will neglect to buy a new one. Our question is when he is ready to buy the new one immediately.
(h) Answer: R. Yochanan said that we may only sell a Sefer Torah to learn Torah or marry a woman - we see, one may sell Torah for Torah.
(i) Rejection: Perhaps one may only sell to learn (since learning is great, it brings to fulfilling) or to marry (the purpose of the world is to be settled with people), but not to buy a Sefer Torah. (The question is left unresolved.)
(j) (Beraisa): One may not sell a Sefer Torah even though he doesn't need it. R. Shimon Ben Gamliel said even further: one who lacks what to eat and sells a Sefer Torah or his daughter will see no blessing from the money!

(a) (Rava): The Mishnah only said that extra money (after buying the higher Kedushah) has the same law regarding a sale; if a collection was made, the extra money has no restrictions.
(b) Question (Abaye - Beraisa): If a condition was made, the extra money can even be used for a horseman.

1. We cannot be dealing with a sale - a condition would not help!
2. We must be dealing with a collection - we see, without a condition, the extra money has Kedushah!

(c) Answer: Really, it was a sale. If the 7 city directors made a condition, the extra money may be used as desired.
(d) R. Yochanan: If people of a city that went to a different city, and they imposed on them to give an amount to tzedaka, they must give. When they return, they take the money with them to give to the poor of their city.
(e) A Beraisa teaches this same law. It also says that for an individual, his money goes to the poor of the city he went to.
(f) Rav Huna declared a fast. People of Rav Chana Bar Chanilai's city came. Tzedaka was imposed on them; they gave. When they were leaving, they wanted to take the money to the poor of their city.
(g) Rav Huna refused; a Beraisa teaches, when a Chacham is appointed over the communal needs, all is done as he sees fit.

1. All the moreso here, since the poor of both cities rely on Rav Huna.

(a) (Mishnah): R. Meir says, we may not sell a public shul to an individual, since this lessens its Kedushah; Chachamim permit this - if not, one may not even sell from a large city to a small city!
(b) (Gemara - Question): How does R. Meir answer the Chachamim?
(c) Answer: A shul of a small city also has Kedushah, but not of an individual.
(d) The Chachamim say, if we are concerned for the decrease in Kedushah, we should also be concerned from a big city to a small city.
(e) (Mishnah): R. Meir says, we may only sell a shul on condition that it can be bought back;
(f) Chachamim say that it may be sold permanently, but not for 4 things: to be a bathhouse, tannery, Mikvah, or a place to urinate.
(g) R. Yehudah says, it is sold to be a courtyard; the buyer then does as he wants.
(h) (Gemara - Question): According to R. Meir, there is a problem of usury (if it is bought back, the buyer lived there rent-free, as interest on his money)!
(i) Answer (R. Yochanan): R, Meir holds as R. Yehudah, that a deal which *might* result in usury is allowed.

1. (Beraisa): One who owes money, and sells his field to the creditor - if the seller eats the fruits, it is permitted, but not if the buyer eats the fruits;
2. R. Yehudah says that the buyer may eat the fruits; R. Elazar Ben Azaryah sanctioned such a deal.
3. Chachamim: no, the case was, the seller ate the fruit.
4. They argue whether a deal which might result in usury is allowed.
5. (Rava): No, they argue whether one may do this on condition to return the interest if the field will be bought back.

(j) (Rav Yehudah): One may urinate within 4 Amos of prayer.
(k) (Rav Yosef): We know this from the Mishnah! R. Yehudah permits the buyer to do as he pleases; and Chachamim only prohibit making it a place to urinate, since the shul used to be a fixed place of prayer!

1. We infer, they admit that 4 Amos from an un-fixed place of prayer is allowed.

(l) One taught before Rav Nachman: One who davens must distance 4 Amos before urinating; one who urinates must distance 4 Amos before davening.

1. We understand the 2nd law - it is as a Mishnah, one cannot daven within 4 Amos of urine or excrement.
2. Question: Why must one distance 4 Amos from a place of prayer - this says that all streets of the city have sanctity (travelers have davened)!
3. Answer: The teaching is, one must *wait* the time needed to walk 4 Amos.
4. We understand the 2nd law - we want to ensure that all drops have finished before he davens.
5. Question: Why must one wait after davening before urinating?
6. Answer (Rav Ashi): The words of prayer are still on his lips for this time.

(a) R. Zachai attributed his long life to these merits: he never urinated within 4 Amos of davening; he never made a nickname for someone; he never missed making Kiddush on wine.

1. Once, his mother sold her kerchief to buy for him wine for Kiddush.
2. (Beraisa): When she died, she left him 300 barrels of wine; when he died, he left 3000 to his children.
3. Rav Huna gave his belt as a pledge to obtain wine for Kiddush.

i. When Rav heard, he blessed him that he should be covered with silk.
ii. This was fulfilled; Rav was upset that Rav Huna had not returned the blessing.

(b) R. Elazar Ben Shamua attributed his long life to these merits: he never used a shul as a shortcut; he never appeared to walk on the heads of Talmidim; he never said Birkas Kohanim without blessing first.
R. Preida attributed his long life to these merits: no one ever came to the Beis Medrash before him;