BAIS HAVAAD ON THE PARSHA 5774 Parshas Teruma; Ma'alin Bakodesh - No Descent for Sanctity
There is a general rule, applicable in many scenarios, known as Ma'alin bakodesh ve'ein moridin, one must ascend in sanctity and not descend. This means that items of sanctity, such as Sifrei Torah and Tefillin, should not be demoted to serve a lesser purpose. For example, one may not cut a Mezuzah out of an old Torah scroll, because the Mezuzah's sanctity is not as great as that of a Sefer Torah, and one is thus lessening the sanctity of the Sefer Torah's usage (Menachos 32, Shulcan Aruch Y.D. 290). Similarly one may not change a Tefillin shel rosh (worn on the head) to a Tefillin shel yad (worn on the hand), because the Tefillin shel rosh have greater sanctity (Menachos 34, Shulchan Aruch O.C. 42).
This law is derived by the Gemara (Menachos 99) from the erection of the Mishkan which was done by Moshe Rabbeinu himself, and was not delegated to those of lower rank. The Yerushalmi (Shabbos 12, 3), however, infers the law from a verse in this week's Parashah(Sh'mos 26, 30) which states that the Mishkan should be erected according to its "judgment". This is interpreted to refer to a board which had initially been placed in the north, in close proximity to the Golden Table, that it must always be erected in the north, and its sanctity should not be compromised by subsequently being placed in the south.
The Gemara (Menachos, ibid.) adds that not only is it forbidden to demote objects from higher to lower sanctity, the status of an item should be upgraded from a lesser sanctity to a greater one. Thus, the show-breads were first placed on a silver table, and were subsequently promoted to the golden one in the Sanctuary. Some of the laws derived from this additional rule, are that one may not sell a sacred item even in order to purchase another item of equal sanctity (such as a shul, to purchase another shul), only of greater sanctity (in order to purchase Seforim, Shulchan Aruch O.C. 153,4 and Mishna Berurah, 11). Also, one should first don a Tallis and then his Tefillin, which have greater holiness, in order to ascend in sanctity (O.C. 25, 1).
Since this law is derived from Scripture, it would seem to be Mide'oraisa, as the P'nei Yehoshua (Megilah 26) and Ar'ah Derabanan (385) write. Others (see P'ri Megadim. O.C. 42 and 153, and S'dei Chemed), however, say that it is merely Miderabanan. The Graz (34, 9) draws a distinction between items whose sanctity is related to the Sanctuary, which are subject to this law Mideoraisa, and other objects, such as Sifrei Torah and Tefillin, which are subject to it only Miderabanan. A practical ramification of this argument would exist in the case of a doubt, where one would only need to be stringent if the prohibition is Mideoraisa.
Interestingly, the law of Ma'alin bakodesh can also apply to two parts of the same object. For example, the Magen Avraham (O.C. 42) writes that one may not remove the strap of the Tefillin shel yad and reinsert it in a way that the part which originally had the knot in the form of a yud is now merely being wrapped around the fingers and vice versa, because one is thus demoting the holier part of the strap to a lesser status. He also writes (O.C. 8) that the reason why many place an Atara on the Tallis is in order to distinguish the front from the back, so that the tzitzis worn in front not be erroneously worn in back, thus serving a lesser purpose.
The Mordechai (see Shach Y.D. 259, 11) writes that the concept of Ma'alin bakodesh applies only to items which have intrinsic sanctity, such as Sifrei Torah, whereas objects merely used for a Mitzvah are not subject to this rule, and can be used for a lesser Mitzvah then they had been previously been used for. The difficulty with this is that, as mentioned earlier regarding wearing a Tallis, Ma'alin bakodesh is mentioned by the Poskim even with regards to items merely used for a Mitzvah?
We can possibly suggest that while the Ma'alin bakodesh which addresses the promotion of the actual item applies only to those with intrinsic sanctity, such as selling items or using them for lesser purposes. Nevertheless, Ma'alin bakodesh which addresses the person performing the mitzvah, like wearing a Tallis before Tefillin, or consistently wearing the front tzitzis, in front, applies even to the performance of mitzvos. This is because the actual performance is of no less value when a mitzvah is concerned than when an item of sanctity is concerned. Thus, a person performing a mitzva should try to promote his deed to higher levels, even if the object he is using has no intrinsic sanctity.(AUDIO HERE)
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There is a general rule, applicable in many scenarios, known as Ma'alin bakodesh ve'ein moridin, one must ascend in sanctity and not descend. This means that items of sanctity, such as Sifrei Torah and Tefillin, should not be demoted to serve a lesser purpose. For example, one may not cut a Mezuzah out of an old Torah scroll, because the Mezuzah's sanctity is not as great as that of a Sefer Torah, and one is thus lessening the sanctity of the Sefer Torah's usage (Menachos 32, Shulcan Aruch Y.D. 290). Similarly one may not change a Tefillin shel rosh (worn on the head) to a Tefillin shel yad (worn on the hand), because the Tefillin shel rosh have greater sanctity (Menachos 34, Shulchan Aruch O.C. 42).
This law is derived by the Gemara (Menachos 99) from the erection of the Mishkan which was done by Moshe Rabbeinu himself, and was not delegated to those of lower rank. The Yerushalmi (Shabbos 12, 3), however, infers the law from a verse in this week's Parashah(Sh'mos 26, 30) which states that the Mishkan should be erected according to its "judgment". This is interpreted to refer to a board which had initially been placed in the north, in close proximity to the Golden Table, that it must always be erected in the north, and its sanctity should not be compromised by subsequently being placed in the south.
The Gemara (Menachos, ibid.) adds that not only is it forbidden to demote objects from higher to lower sanctity, the status of an item should be upgraded from a lesser sanctity to a greater one. Thus, the show-breads were first placed on a silver table, and were subsequently promoted to the golden one in the Sanctuary. Some of the laws derived from this additional rule, are that one may not sell a sacred item even in order to purchase another item of equal sanctity (such as a shul, to purchase another shul), only of greater sanctity (in order to purchase Seforim, Shulchan Aruch O.C. 153,4 and Mishna Berurah, 11). Also, one should first don a Tallis and then his Tefillin, which have greater holiness, in order to ascend in sanctity (O.C. 25, 1).
Since this law is derived from Scripture, it would seem to be Mide'oraisa, as the P'nei Yehoshua (Megilah 26) and Ar'ah Derabanan (385) write. Others (see P'ri Megadim. O.C. 42 and 153, and S'dei Chemed), however, say that it is merely Miderabanan. The Graz (34, 9) draws a distinction between items whose sanctity is related to the Sanctuary, which are subject to this law Mideoraisa, and other objects, such as Sifrei Torah and Tefillin, which are subject to it only Miderabanan. A practical ramification of this argument would exist in the case of a doubt, where one would only need to be stringent if the prohibition is Mideoraisa.
Interestingly, the law of Ma'alin bakodesh can also apply to two parts of the same object. For example, the Magen Avraham (O.C. 42) writes that one may not remove the strap of the Tefillin shel yad and reinsert it in a way that the part which originally had the knot in the form of a yud is now merely being wrapped around the fingers and vice versa, because one is thus demoting the holier part of the strap to a lesser status. He also writes (O.C. 8) that the reason why many place an Atara on the Tallis is in order to distinguish the front from the back, so that the tzitzis worn in front not be erroneously worn in back, thus serving a lesser purpose.
The Mordechai (see Shach Y.D. 259, 11) writes that the concept of Ma'alin bakodesh applies only to items which have intrinsic sanctity, such as Sifrei Torah, whereas objects merely used for a Mitzvah are not subject to this rule, and can be used for a lesser Mitzvah then they had been previously been used for. The difficulty with this is that, as mentioned earlier regarding wearing a Tallis, Ma'alin bakodesh is mentioned by the Poskim even with regards to items merely used for a Mitzvah?
We can possibly suggest that while the Ma'alin bakodesh which addresses the promotion of the actual item applies only to those with intrinsic sanctity, such as selling items or using them for lesser purposes. Nevertheless, Ma'alin bakodesh which addresses the person performing the mitzvah, like wearing a Tallis before Tefillin, or consistently wearing the front tzitzis, in front, applies even to the performance of mitzvos. This is because the actual performance is of no less value when a mitzvah is concerned than when an item of sanctity is concerned. Thus, a person performing a mitzva should try to promote his deed to higher levels, even if the object he is using has no intrinsic sanctity.(AUDIO HERE)
PRINT VERSION HERE.
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