We begin today’s discussion with a correction regarding a previous story. It was pointed out by my friend, Mohail Moshe Hai Avraham, that in the incident at the Avenue O Synagogue, four Torah scrolls were stolen, not one, making it a much more serious event. Thankfully, they were recovered. This correction is important for accuracy, as these recordings often become historical records.
The discussion turns to the prohibition of selling sacred items. It is forbidden to sell tefillin or a Torah scroll to a non-Jew. Even if the items are invalid, meaning they are not kosher, they are still not to be sold to a non-Jew. The concern is not that the non-Jew would sell invalid tefillin as kosher, because their invalidity would be obvious. Rather, the assumption is that a non-Jew might purchase such items for display in a museum, treating them with respect. However, selling them is still generally forbidden, unless refusal would lead to strife or friction. In such exceptional cases, one should consult a rabbi.
This prohibition aligns with the previous halacha, which states that if a Jew finds a Torah scroll in a non-Jew’s possession, they are obligated to purchase it. This implies a reciprocal principle: if you must redeem these items, you certainly cannot sell them.
The question then arises regarding selling mezuzot to a non-Jew. The Maharil ruled that it is forbidden to sell a mezuzah to a non-Jew who intends to affix it to their doorpost, even if they believe it brings good luck or protection. However, the Ramah added that this may be permissible if there is a concern that a Jew’s refusal would cause hatred or strife. Other authorities disagree, maintaining that it is forbidden in any case, which is the ruling of the Halacha Berurah. Nevertheless, the Halacha Berurah also added that if a Jew sells their home to a non-Jew, and the purchaser specifically requests that the mezuzot be left in place, there is room for leniency.
This leads to a related discussion about the spiritual influence of a house. There is a concept of "mazal in the house." For example, a wealthy individual once inquired whether buying a penthouse previously owned by a person who experienced significant misfortune would transfer that bad luck. The rabbi clarified that such misfortune, like the Madoff scandal, was tied to the individual's actions, not to the house itself. Therefore, buying the house would not transfer the owner's personal "bad mazal." Similarly, if a non-Jew wishes to keep mezuzot in a house they purchased, believing it brings good luck, Hacham David suggests that if removing them would cause an issue, they might be left.
The discussion then shifts to selling sacred items to Karaites. It is forbidden to sell a Torah scroll or tefillin to Karaites because they do not believe in the Oral Torah and its traditions. They interpret the Torah very literally, often leading to practices that deviate from rabbinic Judaism. For example, they might hang tzitzit on a wall, believing it is a mitzvah to look at them. You cannot sell them tefillin because they do not accept the rabbinic tradition regarding their use.
Regarding a Torah scroll, it is permissible to sell them one that is obviously non-kosher, as its defect would be immediately apparent. However, if the scroll has an invisible blemish—for instance, if it was not written with the proper intention or if the parchment was not tanned for the sake of a Torah scroll—it is forbidden to sell it to Karaites. The concern is that they might later sell it to a Jew who, unaware of the invisible blemish, would use it as a kosher Torah scroll.
Rabbi Yehuda Navon, citing the Shaarei Yosef Zayim, ruled that it is forbidden to sell a Torah scroll to Karaites, even if they honor it. This is because such an act is seen as condemning a kosher Torah scroll to a state where it will not be used correctly, akin to selling it into captivity. This applies even to non-kosher scrolls with invisible blemishes, due to the concern of resale to unsuspecting Jews. However, if a Torah scroll is obviously non-kosher, it can be sold to them, as its defect would be immediately apparent upon examination. Rav Chindai added that Rabbi David Ben Zimrach concurred with this ruling, noting a historical instance where a non-kosher Torah scroll was sold to a Karaite community with the consent of the rabbis of Israel. Nevertheless, the Ginat Veradim of Aviv Rehud forbids selling any Torah scroll to Karaites, even if it is non-kosher.
Next, the discussion addresses selling tefillin or Torah scrolls to Reform or Conservative congregations. This is forbidden because they often treat these items with disrespect, making a mockery of their sanctity. They encourage women to wear tefillin and participate in Torah readings, not out of adherence to halacha, but often to promote external agendas like equal rights. This politicization of Torah is seen as an abuse. Similarly, when they dance with a Torah scroll, men and women often mingle, which is contrary to traditional practice. Even if they were to dance separately, it is still considered problematic because such practices are novel and can lead to further deviations from tradition. The concern is not just about what is explicitly forbidden in the Shulchan Aruch, but about preserving established custom and preventing a slippery slope that could lead to further erosion of halachic norms.
For these reasons, it is also forbidden to sell a non-kosher Torah scroll to Reform or Conservative congregations. Even non-kosher scrolls must be treated with respect and, if irreparable, deposited in a genizah.
However, Rabbi Moshe Feinstein ruled that it is permissible to sell a Torah scroll to a Conservative congregation. He reasoned that the prohibition against selling to Karaites, as ruled by Shaddai Yeshu'ah, was because a Torah scroll in Karaite hands would be de facto taken out of circulation, as no Jew would buy a scroll from them due to uncertainty about its kosher status. In contrast, Rabbi Feinstein argued that Conservative Jews do not write Torah scrolls; all scrolls are written by God-fearing Torah Jews. Therefore, there is always the possibility that a Conservative Jew might sell the Torah scroll back to an Orthodox congregation, meaning it is not permanently taken out of circulation. Furthermore, he believed that Conservative Jews treat the Torah with respect. He added that this leniency applies only to a brand new Torah scroll; if a scroll has already been used by an Orthodox congregation, its status has been elevated and cannot be lowered.
Hacham David, the Chief Rabbi of Israel, disagreed with Rabbi Feinstein. He argued that Rabbi Feinstein misinterpreted Shaddai Yeshu'ah’s ruling. The problem with selling a Torah scroll to Karaites is not merely that it might be taken out of circulation, but that the very act of selling it to them, where it is used by people who deny the authenticity of the Oral Torah, is an act of disrespect. Therefore, there is no difference between selling a Torah scroll to Karaites or to Reform or Conservative congregations; the act itself is disrespectful. Rabbi Hadaya, in his Yaskil Avdi, concurred with this ruling.
Hacham David further believed that if Rabbi Feinstein were alive today, he would agree that it is forbidden to sell Torah scrolls to such congregations. Their attitudes and practices have deteriorated to the point where prayer services are often social events, and anti-Torah dogma is discussed. For instance, on Simchat Torah, men and women dance together in Conservative congregations. He concluded that the status of these congregations today is far worse than that of Karaites, making such sales unequivocally forbidden due to the terrible desecration (zilzul) that would result.
The underlying principle is that everyone has a role within the framework of Torah. When these roles are disregarded, and Torah is politicized or used to promote external agendas, it becomes problematic. For example, the translation of the Torah by Moses Mendelssohn was criticized because he used it as a means to integrate Jews into German culture, whereas Rabbi Samson Raphael Hirsch translated it to help German-speaking Jews understand the Torah itself. Similarly, women who perform provocative acts at the Kotel, ostensibly to pray, are often seen as pursuing an agenda beyond genuine spiritual devotion. Therefore, selling sacred items to congregations that engage in such practices is forbidden.
Thankfully, our community does not have Conservative or Reform synagogues. This is largely due to the policy of always accepting everyone into the Orthodox synagogues, a policy championed by rabbis like Rabbi Kassin. By welcoming all, even those who are not fully observant, the community prevented the need for separate congregations. Even non-observant individuals in our community identify as Orthodox, demonstrating the success of this tolerant approach in preserving tradition.