Responsa for Arakhin 11:35
אדרבה איפכא מיסתברא אמר זו משתמש בה כי היכי דליחייב באחריותה אבל אמר עלי לא
Teshuvot Maharam
Q. The oil-lamp of our synagogue emits a dense smoke which causes damage to the congregants and occasionally compels them to leave the synagogue altogether. Some persons have donated money for the purpose of buying oil for the synagogue. Must we continue to bear the smoke of the oil-lamp, or may we divert the donated money to another purpose?
A. The money may be used for buying waxen candles. The purpose for which the money was given may be changed by the members of the synagogue (though it can not be so changed by the donor) for the following reasons: a) Preparing an object for sacred use does not sanctify the object until it is actually used for such purpose; b) candles and oil used in a synagogue are not intrinsically sacred; nor are they even considered tashmishe kedushah (objects used for a sacred function) since they are not indispensable to the function of the synagogue.
SOURCES: L. 269; P. 299–300.
A. The money may be used for buying waxen candles. The purpose for which the money was given may be changed by the members of the synagogue (though it can not be so changed by the donor) for the following reasons: a) Preparing an object for sacred use does not sanctify the object until it is actually used for such purpose; b) candles and oil used in a synagogue are not intrinsically sacred; nor are they even considered tashmishe kedushah (objects used for a sacred function) since they are not indispensable to the function of the synagogue.
SOURCES: L. 269; P. 299–300.
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