Building a Shul

February 21, 2023 3:15 am

By Rabbi Berach Steinfeld

In Shmos 25:5 it says that Hashem commanded the Yidden to build a mikdash so he can dwell amongst them. From this passuk we learn the concept that the Bnei Yisroel had to build a Mishkan and a Bais Hamikdosh. The Rambam in Sefer Hamitzvos Asseh 20 counts this as a mitzvah.

The Poskim discuss whether there is a chiyuv to build a Bais Hakneses which is considered a Midash Me’at. The Sdei Chemed 2:44 brings many opinions on this question. The Yereim 324 says that Kdushas Bais HaKneses is a De’Oraysa as the passuk says “Umikdashi Tirau.” When one enters a Shul he must do so with the proper respect and reverence! We see in Gemara Megilah 28a that a Shul that is destroyed still retains it’s kedusha! The Sdei Chemed says that if we say there is a din kedushamin HaTorah it stands to reason that there would be chiyuv to build a Shul Min HaTorah!

There are other Rishonim like the Ran in Megilah 8a that hold that the kedusha of a shul is only MiDeRabbonon. All the pesukim just serve as an Asmachta.

The Shailos UTshuvos Maaseh Avraham in Orach Chaim 37 says that one would have to build a shul Lishma just like one has to build the Mishkan and the Bais Hamikdash Lishma. Therefore, one should not have an eino Yehudi build a Shul. The Sdei cHemed in Mareches Bais Hakneses 3 argues and says that it is true that one must be noheig kedusha in a Shul like in a Bais HaMikdash but there is no hechrach to say that the building must be lishma.

The Rambam in Hilchos Tefilla 11:1 writes that wherever there are ten Jewish people they must have a house prepared where they can enter during the time of tefilla and daven, this is called a Bais Hakneses. The people of the city must force each other to build a Bais HaKneses and to buy a Sefer Torah and Neviim and Kesuvim.

In Shailos UTshuvos Igros Moshe Orach Chaim 2:44 is medayek From the above Rambam that there is a Mitzva to build a Shul. Had it not been a Mitzva the Rambam did not have to start with the introduction that a house of Tefilla needs to be prepared rather he should have said that there is a mitzva on every gathering of ten Yidden to gather in one place and daven. We also find the Rambam in Hilchos Shcheinim 6:1 that he writes that people of the city force each other to build a wall for protection and to build a Shul and to buy Sefer Torah Neviim and Ksuvim.

From the above two Rambams we see two reasons for forcing the people of the city to build a Shul. The first reason is that it is called Tzorchei Ho’ir as we see in Sanhedrin 17b that a Shul is one of ten things that each city must have and therefore there is a concept of “Kfiya” (Forcing.) The second reason is that there is a concept of “Kfiya” (forcing) for a Mitzvah.

One can Kler is there a concept of Kfiya to build an Ezras Nashim or not? If we say the din Kfiya is that we force letzorach Mitzva then there would not be a Kfiya as Women don’t have a mitzva of tefilla Betzibbur. But if we hold that it is a kefiya because of Tzorchei Ho’ir then there would be a din of kfiya.

The Igros Moshe in Choshen Mishpat 1:41 says that the din of kefiya is not a din on every private person but rather a din on the tzibbur. Therefore, the division of expenses would not be based on people but rather based on the financial worth of the person. The Chasam Sofer in Teshuvos 6:32 says that the building itself should be based on per person whereas the Hiddurim should be based on the financial worth of the person.

The Griz al Hatorah is medayek in passuk 25:2 that the passuk starts off in the plural form “Veyikchu” and a lashon of Tzivuy then the passuk says Ish … Yidvenu Libo which is singular and on a voluntary basis. The Brisker Rov explains that the tzivuy was on the tzibbur not on every individual person. But only those who donated with their whole heart did they accept the donations as it should be Lishma. This would be as the Igros Moshe said that the building of the Shul is similar to the building of the Mishkan and Bais Hamikdash that it is a din on the tzibbur!