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Answer: The gemara (Megilla 26b) says that a tashmish kedusha (something that serves holy [scrolls]) is holy and needs geniza when one no longer uses it. One of its examples is a maktara, which Rashi translates as the chest in which a sefer Torah is held. Usually an object must come in direct contact with a sefer Torah to be its tashmish (ibid.). Since a sefer Torah’s parchment rarely touches the aron, why should it be considered a tashmish kedusha? Some explain that it is enough that it happens on rare occasion (see sources in Yabia Omer VIII, OC 19). However, many accept the following distinction. If the tashmish provides kavod for the kedusha, it is a tashmish kedusha; if it is (only) for shemira (protection), it is not a tashmish (Rama, Orach Chayim 154:3 based on Ohr Zarua, Shut 745).
How does one know if an aron is for shemira or for kavod? The Mor U’ketzia (OC 154) says that if an aron kodesh is built into a wall, it is for shemira; if it is movable, it is for kavod, as the Ohr Zarua seems to indicate. Presumably, an aron does not have to be fancy to be for kavod, as wanting to have the sefer Torah covered is part of its kavod. Rav Ovadia Yosef (Yabia Omer ibid.) cites those who say that, if the parchment never touches the aron kodesh, we need to decide practically whether it is for shemira or kavod. (He leans toward leniency regarding a large aron with a strong lock; your case might be different.) Still the Mishna Berura (154:9) indicates that the standard movable aron is a tashmish kedusha, and this would be our basic assumption regarding the aron you discuss (see also Tzedaka U’mishpat 15:18-19).
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While we cannot exhaust all the cases and analyses, we will provide some suggestions in order of halachic preferability. The obvious suggestions are to try to find someone to use the aron for a sefer Torah or find the owner and ask him to take it.
Geniza is certainly a respectful solution without problems. If the aron is going to be permanently "retired," it is permitted to respectfully separate the pieces of wood, so it takes less space.
Many poskim permit using an aron for storing regular sifrei kodesh. The Taz (OC 154:7) says that while there is a rule that one may not lower the level of sanctity of the use of a holy object (Megilla 25b), we prefer a lower usage related to sanctity to geniza. While the Taz’s opinion has to fend off several questions, many support it regarding an object that only serves an object of sanctity (see Yabia Omer ibid.). In a case like ours, where there are other grounds for leniency, this is a good option.
If one nominally sells the aron and uses the small amount of proceeds to adorn a sefer Torah, many posit the aron loses its kedusha status (see Shulchan Aruch, OC 153:9; Orach Mishpat 34; Tzitz Eliezer VII:7). The buyer should just be careful not to disgrace it (see Shulchan Aruch ibid.). It is questionable whether putting it in the garbage is a disgrace, and wrapping it first improves matters. Doing that without first selling it is a last resort one should try to avoid.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Rabbis in Midrash
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
