Mishna Berura Summaries

Siman 153 – Sanctity of the shul / Rights to a mitzva

  1. If the congregation has outgrown the shul premises, the building may be sold to buy a larger one. (MB11)
  2. You may sell your private sefarim and tashmishay kedusha and use the proceeds for whatever you wish. (ShA 10)
  3. The minhag is to allow the sale of sifray Torah donated to the shul and use the proceeds for the less sacred needs. We consider it as if a condition was made to stop kedusha of the tzibbur from resting upon it. (MB 61)
  4. We do not take away the rights for someone to have a shul in his house once it has been established there. Even if the tzibbur has somewhat of a reason to move the minyan elsewhere, darkay shalom takes precedence. Individuals may opt to daaven elsewhere so long as there remains an uninterrupted tzibbur in the established house. (ShA 17- MB 90,91 – BeH “mi”)
  5. The tzibbur is allowed to disband an established house-minyan in favour of relocating to a proper shul. (MB 93)
  6. A group that convenes to learn Torah at a particular house for many years should not change the venue even to begin a rotation. (MB 91)
  7. The above darkay shalom applies likewise to any position of kavod or mitzva. Do not take away the zchus from the established individual even if the kavod or mitzva comes around infrequently. (MB 92)
  8. Established grave diggers cannot stop other people from burying the dead by themselves unless the established grave diggers have formed a chevra who interrupt their normal jobs to tend to the mizva of burial. (MB 92)
  9. Case: a community has been using the sefer Torah belonging to a private individual and subsequently buys a communal sefer Torah. The individual claims “chazaka” and wants them to continue using only his sefer Torah. The community is not bound by his claim, never-the-less his sefer Torah should not be denigrated – read from it every other Shabbos. (MB100)