(יד) מֻתָּר לַעֲשׂוֹת בֵּית הַכְּנֶסֶת בֵּית הַמִּדְרָשׁ. אֲבָל בֵּית הַמִּדְרָשׁ אָסוּר לַעֲשׂוֹתוֹ בֵּית הַכְּנֶסֶת. שֶׁקְּדֻשַּׁת בֵּית הַמִּדְרָשׁ יְתֵרָה עַל קְדֻשַּׁת בֵּית הַכְּנֶסֶת וּמַעֲלִין בַּקֹּדֶשׁ וְלֹא מוֹרִידִין.
(14) It is permitted to transform a synagogue into a house of study.1Megillah 27a describes a house of study as "a great house," "a house where Torah is developed." However, it is forbidden to transform a house of study into a synagogue because the sanctity of a house of study exceeds that of a synagogue2since Torah study takes precedence over the performance of all other mitzvot (See Hilchot Talmud Torah 3:3). See also Chapter 8, Halachah 3; Hilchot Talmud Torah 4:9. and one must proceed to a higher rung of holiness,3Our translation is based on the opinion of Rabbenu Nissim who maintains that it is forbidden to exchange a sacred article for another of an equal level of holiness. There are other opinions who maintain that it is permitted to do so. The Mishnah Berurah 153:11 states that even according to those opinions, the permission to do so is after the fact (בדיעבד), but not a priori. but not descend to a lower rung.4This principle applies in a number of different halachic contexts, for example, the practice of adding a new Chanukah candle each night (Shabbat 21a).
Similarly, the inhabitants of a city5Megillah 26b explains that this only applies to a synagogue in a village as explained in Halachah 16. who sold a synagogue6The Rambam's use of the past tense appears to imply that this is a only question בדיעבד. TheMishnah Berurah 153:3, however, presents as להתחילה (a priori), the possibility of selling an article of lesser sanctity in order to purchase an article of greater sanctity.
The sale of a synagogue is a complicated matter. See Halachot 16-20 and also the Shulchan Aruch, Orach Chayim 153:7 and commentaries. may purchase an ark7See Halachah 3. with the proceeds.8The Lechem Mishneh emphasizes that a synagogue may only be sold for such a purchase if there is another synagogue in the city. If they sold an ark, they may purchase a mantle9In Ashkenazic communities, it is customary to hold a Torah scroll in a mantle. or a case10as is customary in Sephardic communities. Hilchot Sefer Torah 10:4 describes the sanctity of these ritual articles. for a Torah scroll with the proceeds. If they sold a mantle or a case, they may buy chumashim11In Talmudic times, the expression chumash referred to a scroll on which only one of the five books of Moses was written. Since it contained only one book, its holiness was on a lower level than that of a complete Torah scroll. with the proceeds. If they sold chumashim, they may buy a Torah scroll with the proceeds. If they sold a Torah scroll, the proceeds may only be used to purchase another Torah scroll,12There is a some difficulty with the Rambam's statements when compared to Hilchot Sefer Torah 10:2, where the Rambam writes:
It is forbidden for a person to sell a Torah scroll even if he has nothing to eat. [It is even forbidden] to sell an old scroll in order to purchase a new one. A Torah scroll should never be sold except for [one of] two purposes, so that one can use the money to study Torah or in order to marry.
Perhaps here the Rambam is speaking about a question that arose after the fact, once the Torah scroll has already been sold, while in Hilchot Sefer Torah, he is describing an a priori condition. Alternatively, he may be referring to circumstances where the new Torah scroll has already been written and all that is necessary is to pay for it. In such a case, one may sell an old Torah scroll (Rabbenu Manoach, Hilchot Sefer Torah). for there is no level of holiness above that of a Torah scroll.13In Hilchot Sefer Torah (loc. cit.), the Rambam writes, "A kosher Torah scroll should be treated with special holiness and great honor."
The same [laws apply] to [any money] which remains.14i.e., if one sold many chumashim to purchase a Torah scroll and some of the proceeds from the sale remained, those monies should not be used to purchase anything on a lower level of holiness.
(א) דיני קדושת ב"ה ובו יב סעיפים:
בתי כנסיות ובתי מדרשות אין נוהגין בהם קלות ראש כגון שחוק והתול ושיחה בטילה ואין אוכלין ושותים בהם ולא מתקשטין בהם ולא מטיילין בהם ולא נכנסים בהם בחמה מפני החמה ובגשמים מפני הגשמים ות"ח ותלמידיהם מותרים לאכול ולשתות בהם מדוחק: (וי"א דבבית המדרש אפי' שלא מדוחק שרי): (ר"ן פרק בני העיר)
(ג) אין ישנים בב"ה אפילו שינת עראי אבל בבית המדרש מותר:
(1) The Laws of the Holiness of a Synagogue (12 Paragraphs):
One may not behave in a lightheaded manner in a synagogue or house of study; for example, laughter, humor, or pointless chatter. One should not eat or drink there nor should one adorn oneself there or walk about there. One should not enter there in summer due to the sun, nor in winter to seek shelter from the rain. Torah scholars and their disciples are permitted to eat and drink there if it is really necessary. (And some say that in a house of study, it is permissible even when it is not a real necessity) (Ran, chapter "B'nai Ha'ir"). No monetary calculations should be made there unless they are for the purpose of a mitzvah; for example, collecting money for charity, or for the redemption of captives. No eulogies should be delivered there unless it is for one of the leaders of the city, for all the people assemble there to eulogize him. If one must enter there for his own needs; for example, to call someone - he should enter and read a little or study something and then call him so that it should not appear as if he has entered for his own needs. And if he doesn't know how to read Torah or study, he should say to one of the children: "read me a verse that you are learning", or he should just delay there for a bit and then leave because sitting there is a mitzvah, as it says "praiseworthy are those who dwell in Your house". (And the amount of time required to sit is the time is takes to walk the width of two doorways.) (According to the opinion of "those that explain" in siman 90 at the end of se'if 20) (Mordechi at the beginning of chapter "HaShut'fin").
(2) Some say that that which we taught about the sanctity of a house of study is speaking about a public one which is similar to a synagogue, but an individual who establishes a room for Torah study in his home for his needs, that room doesn't have that much sanctity.
(3) It is forbidden to sleep in a synagogue, even for a short nap, but this is permitted in a house of study.
וא"ת מאי שנא מסוכה שצריך לברך על כל סעודה וסעודה לישב בסוכה. וי"ל דשאני תורה שאינו מייאש דעתו דכל שעה אדם מחוייב ללמוד דכתיב והגית בו יומם ולילה והוי כמו יושב כל היום בלא הפסק. אבל אכילה בסוכה יש שעה קבועה.
Rabbi Yitzchak replied: 'We don't accept what it says in Jerusalem Talmud. In our Talmud doesn't say that you have to learn immediately [without any interruption]. Furthermore even according to the Jerusalem Talmud, the blessing of Ahavah Rabbah is not primarily a blessing for Torah Study - it was primarily instituted as a blessing for the Shema. Therefore it doesn't cover blessing for Torah Study, unless one learns right away without any interruption.
However, the blessings Asher Bachar Banu Laasok BeDivrei Torah Which are mainly Blessings for Torah Study covers his study for the entire day.
If you will ask why is this different to Sukkah that you have to make a blessing lay-shayv bah-soo-kah before every meal [and for Torah Study just in the morning]?
Answer: One can suggest that studying Torah is different because he doesn't forget about it. A person is constantly obligated to learn, like it says ”you shall meditate therein day and night”. It's similar to one who was sitting a whole day [And learning Torah] without interruption.
However, eating in the sukkah has a set time
If you ask, why don't we make a blessing “to sleep in the sukkah”?
Answer: One can suggest, that the blessing we say for eating covers the sleeping in the sukka.
Alternative answer: since he may not fall asleep and it becomes a blessing in vain. For a person is not able to fall asleep whenever he wants. Rabbeinu Tam used to say, that when a person gets up in the night to study he doesn't need to say the Blessings for Torah because the blessings from yesterday morning cover until the next morning.
But it doesn't seem right.
(א) אֵין עוֹמְדִין לְהִתְפַּלֵּל אֶלָּא מִתּוֹךְ כֹּבֶד רֹאשׁ. חֲסִידִים הָרִאשׁוֹנִים הָיוּ שׁוֹהִים שָׁעָה אַחַת וּמִתְפַּלְּלִים, כְּדֵי שֶׁיְּכַוְּנוּ אֶת לִבָּם לַמָּקוֹם. אֲפִלּוּ הַמֶּלֶךְ שׁוֹאֵל בִּשְׁלוֹמוֹ, לֹא יְשִׁיבֶנּוּ. וַאֲפִלּוּ נָחָשׁ כָּרוּךְ עַל עֲקֵבוֹ, לֹא יַפְסִיק:
(1) One may only stand and begin to pray from an approach of gravity and submission. There is a tradition that the early generations of pious men would wait one hour, in order to reach the solemn frame of mind appropriate for prayer, and then pray, so that they would focus their hearts toward their Father in Heaven. Standing in prayer is standing before God and, as such, even if the king greets him, he should not respond to him; and even if a snake is wrapped on his heel, he should not interrupt his prayer.