Responsa for Megillah 52:6
ואפילו למאן דאמר הזמנה מילתא היא ה"מ כגון האורג בגד למת אבל הכא כטווי לאריג דמי וליכא למאן דאמר
And even if we adopt the view that the mere intention [to use a thing for a certain purpose] has force, this refers to a case, for instance, when one weaves a shroud for a dead body, but in this case [the bricks and beams in question] are like thread which has still to be woven into cloth, and no one says [that in such a case there is force in mere intention].
Teshuvot Maharam
Q. A donated a plot of ground to the community for the purpose of erecting a synagogue thereon. However, when the members of the community made ready to build the synagogue they were restrained by the "students of Jesus" (probably theological students). The community, therefore, decided to build a Talmudical school instead; whereupon A objected that he did not donate the ground for such purpose.
A. Since A did not originally stipulate the condition that in case a synagogue is not built on said ground, it shall revert to him, he may no longer withdraw his gift, and the ground belongs to the community who can use it for any purpose it sees fit. The mere designation of an object for a sacred purpose does not sanctify the object, and it may still be used for a secular purpose. Therefore, were A not a resident of that town, the community would be free to use said ground for building the school. But if A is a resident of that town, since a community can not use for one purpose, community property originally designated for another purpose, unless such change be unanimously approved by the members of the community, or approved by a resident, outstanding scholar of the caliber of R. Ashi, the community can not build a school on the ground, since the protest of A does not permit a unanimous approval of the plan. Therefore, the community can do nothing with the ground till either the Christian priests permit them to build a synagogue, or A withdraws his objection.
This Responsum is addressed to "My teacher Rabbi Asher."
SOURCES: Am II, 240; Mord. Meg. 821. Cf. Agudah B.B. 21.
A. Since A did not originally stipulate the condition that in case a synagogue is not built on said ground, it shall revert to him, he may no longer withdraw his gift, and the ground belongs to the community who can use it for any purpose it sees fit. The mere designation of an object for a sacred purpose does not sanctify the object, and it may still be used for a secular purpose. Therefore, were A not a resident of that town, the community would be free to use said ground for building the school. But if A is a resident of that town, since a community can not use for one purpose, community property originally designated for another purpose, unless such change be unanimously approved by the members of the community, or approved by a resident, outstanding scholar of the caliber of R. Ashi, the community can not build a school on the ground, since the protest of A does not permit a unanimous approval of the plan. Therefore, the community can do nothing with the ground till either the Christian priests permit them to build a synagogue, or A withdraws his objection.
This Responsum is addressed to "My teacher Rabbi Asher."
SOURCES: Am II, 240; Mord. Meg. 821. Cf. Agudah B.B. 21.
Ask RabbiBookmarkShareCopy
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.
Ask RabbiBookmarkShareCopy
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.
Ask RabbiBookmarkShareCopy