This week's article discusses how to handle objects used for mitzvos. Which require geniza (burial)? Which can be repurposed for everyday use, and which cannot? What must be treated with respect? What are the laws concerning a Torah scroll, Neviim and Kesuvim? What is the halachic status of seforim, chiddushim, parchment designated for writing a Torah, the Aron Kodesh, paroches, bimah, tablecloth on the bimah, shul furniture; the matzah after Pesach, the arba minim and succah during and after Succos, and the shofar? Does physical appearance make a halachic difference? Customarily, the arba minim are used as fuel to burn the chometz. Is doing so an obligation? Can they be disposed of in the trash? Can one give leftover challah from Shabbos to a non-Jew? When does a bookcase become holy? What level of holiness does it retain? These questions and others are addressed in our article this week.
Geniza or Garbage Disposal
In this week’s parasha, the Torah enumerates the yomim tovim and their laws: Pesach with the mitzvah of eating matzah; Rosh Hashanah with the mitzvah of blowing the shofar; Succos and the succah, lulav and esrog. Is there any sanctity or specific halachos concerning these objects once the mitzvah has been fulfilled? Are the matzah after Pesach, shofar after Rosh Hashanah, succah planks after Succos, etc. holy? What should be done with worn-out tzitzis, tallis, or siddur?
Last week, we briefly discussed the distinction between objects that possess inherent sanctity and those that attain holiness through their use for a mitzvah. This week, we will explore this topic in greater depth.
Repurposing For Another Mitzva
Let's revisit the example we discussed last week: cutting out the Shema portion from a worn-out Torah to be repurposed as a mezuzah. This is strictly prohibited, as the sanctity of the Torah is far greater than that of a mezuzah. The prohibition extends even further, with halachic authorities debating whether it is preferable to bury an old Aron Kodesh when it can no longer be used or to repurpose it for a less holy purpose, such as a bookcase. Repurposing it in this way would give it a second life, but at a diminished level of sanctity.
Other objects used for mitzvos, such as the schach or lulav after Succos, are not subject to this dispute. These items are customarily kept for burning the chametz, though not necessarily. Once used for one mitzvah, it is preferable to use them for another mitzvah, even if not on the same level. Similarly, leftover matzah from Pesach or challah from Shabbos should ideally be used for another meal in honor of a mitzvah and should not be given to a non-Jew. Nevertheless, using these items for mundane purposes is permissible.
This week, we will delve deeper into these laws, exploring the differences between various objects and how to preserve their sanctity appropriately.
Levels of Sanctity
The kedusha of objects involves several definitions with different laws for each level. Oftentimes, people don’t remember or never learned all the halachos and end up placing everything in geniza. This is not a catch-all solution for several reasons:
- Some things are simply garbage. Leaving trash with geniza is disrespectful to items that do belong there.
- Going overboard with stringency often leads to breaking down and becoming lenient with basic halacha.
- While we might know the halachos, we may be applying the correct halacha to the wrong situations.
- The mitzvah of learning Torah requires us to know all the details of a halacha, even if, for the sake of convenience, we might put everything in geniza.
Six Levels of Kedusha
The Pri Megadim (OC, Mishbetzos Zahav, 139:15) divides all holy objects into six distinct categories, which we will explain. The six categories are called:
- An object with innate kedusha
- Tashmish kedusha
- Tashmish of tashmish of kedusha
- An object used for a mitzvah
- Tashmish mitzvah
- Tashmish of tashmish of mitzvah
Holy Object
The first category includes objects with innate kedusha such as a Sefer Torah, Nevi’im, Kesuvim, tefillin, mezuzos, as well as printed or handwritten Divrei Torah. Shuls also fall into this category, and so will the Beis HaMikdash, korbanos, and everything consecrated for the Beis HaMikdash.
Tashmish Kedusha
The second category is tashmishei kedusha -- objects used to serve something with kedusha. This includes the Aron Kodesh-which is used to house the Sefer Torah, tablecloth that covers the bimah on which the Sefer Torah is placed, the Torah mantle and the Atzei Chaim of the Sefer Torah, tefillin straps, the box for the tefillin, the velvet pouch for the tefillin, the mezuzah case, and even the cover of a sefer.
The Mishnah Brura (154:14) explains that even if an item does not directly touch the object of sanctity but is placed directly above it, it can still belong to this category. For example, a cover for a box that holds a Sefer Torah qualifies for this category, even if it does not come into direct contact with the Sefer Torah.
Objects that are used exclusively to preserve an item of kedusha according to the Ramo (154, 3) are not included in this category (However the Gro disagrees.) However, a safe that is not built into the wall and was designed to store Sifrei Torah, even though it primarily serves to protect it from theft, does not fall into this category. Similarly, a decorative mezuzah case designed to add beauty and honor, even though the mezuzah itself is wrapped in plastic for moisture protection, belongs to this category. However, the plastic wrap itself does not.
A bookcase that is not specifically designed to honor and respect holy books—even a nice bookcase that beautifies the home but is not used exclusively for seforim—does not fall into this category. However, an expensive bookshelf specifically ordered to honor the seforim in which only seforim are stored is included in this category.
Another example is the Torah mantle (called a "tass" in Hebrew), which hangs on a Torah scroll to indicate which scroll should be used for which reading. It may be marked with details such as the parshah of the week, the haftorah, Rosh Chodesh, or the different Torah scrolls for various readings (second scroll, third scroll, etc.). The Noda B’Yehuda (Shvut Tzion, 7) writes that these mantles do not belong to this category, as they are not intended to honor or beautify the scroll, but rather to provide technical information about which scroll to use for each reading.
Tashmish of Tashmish Kedusha
This includes those objects that serve a tashmish kedusah. For example, the bimah (when used only with a cloth cover), and Rabbi Yaakov Blau (Chovas HaDer 1:10) adds that the nails holding up the mezuzah case are in this category, however the doorframe itself has no kedusha and can be discarded without hesitation.
A Mitzvah Object
This refers to objects that can still be used for a mitzvah such as tzitzis, arba’as haminim before and on Succos, the succah (including decorations), and the shofar.
Tashmish Mitzvah
Objects that were used for a mitzva but are no longer functional, or objects for public use in a shul, such as tables, benches, etc.
Tashmish of Tashmish of Mitzvah
Objects used in connection with a tashmish mitzva such as a tallis bag, esrog box, lulav case, and shofar case.
Halachos of Kedusha
The most sacred item we have today is the Sefer Torah. There are many laws that apply to it, some of which are as follows:
Everyone is obligated to honor the Sefer Torah and stand when it is moving. The Pri Megadim explains that this obligation stems from the Torah itself, as the Gemara derives it from a kal v’chomer: since we are obligated to stand for a Torah scholar, we are certainly obligated to stand for the Sefer Torah. The Chazon Ish questioned whether this law applies to Navi and Kesuvim scrolls made of parchment as well.
All halachic authorities agree that there is an obligation to make every effort to save a Sefer Torah. The Sages even permitted certain rabbinic prohibitions on Shabbos in order to save a Sefer Torah from a fire, for example.
Disgracing or erasing a Sefer Torah is certainly forbidden, and even if it becomes worn out or faded and is no longer kosher, it still retains its innate holiness. An old Torah must be properly buried (in geniza), not displayed in museums.
Additionally, if one needs to do something disrespectful in the same room with a Sefer Torah, he must erect a partition between himself and the Torah. Simply covering it with two covers, as done for other seforim is not enough for a Sefer Torah.
These halachos do not apply to other sacred scrolls like Nevi’im and Kesuvim, incomplete Torah scrolls, or printed seforim. However, all must be buried respectfully (geniza) when no longer fit for use.
One who needs to do something disrespectful in a room with seforim should cover them with two covers.
Another halacha pertains to the parchment itself. Once parchment is designated for writing a Sefer Torah, Nevi’im, Kesuvim, tefillin, or mezuzos, it acquires kedusha even before the first word is written, and changing its designated purpose is forbidden. Certainly, treating it in a disrespectful manner is also forbidden.
Wherever Hashem’s Name is written, erasing it is forbidden. This prohibition appears in the Torah: Hashem commands us to destroy idolatry and erase their names, but: (Devarim 12:4) "You shall not do so to Hashem your G-d." We are forbidden to destroy anything with kedusha or erase Hashem’s name.
Tashmishei Kedusha
Objects used in connection with holy items do not automatically become holy. The obligation to treat them with respect only begins once they have been actively used for a mitzva.
One can make a condition before using an object, stating that it will not acquire kedusha. This allows it to be used for other purposes, but not for disrespectful ones.
Tashmish of Tashmish Kedusha
Items used in connection with objects connected with holy items do not require geniza and may be discarded after use. They can also be repurposed for mundane uses, even while still serving a sacred purpose. However, one should not treat them with disrespect while they are still in use for a mitzva.
Object Used for a Mitzva
Once an object has been used for a mitzvah, it cannot be used for mundane purposes, and one is prohibited from treating it with disrespect. However, the mere fact that an object was designated for a mitzvah does not itself render it prohibited for further use.
After the mitzvah has been completed the object may be used for mundane purposes. However, one must not treat it disrespectfully, and it is considered meritorious to use it for another mitzvah, even if that mitzvah is lesser than the original one. Discarding such objects is permissible, but they should not be thrown into the trash in a disrespectful manner. Instead, they should be wrapped in two coverings or placed neatly and respectfully aside, even if municipal workers are the ones to dispose of them.
One who is strict and opts to perform geniza for such objects will be blessed. Alternatively, one should be careful to wrap them well so that placing them in geniza among holy seforim does not cause disrespect for the books themselves.
Tashmish of Tashmish of Mitzvah
Objects that are categorized as tashmish of tashmish of mitzvah have no kedusha whatsoever. Once no longer useful, they may be discarded.
