Menachos 22: The Emperor’s Used Clothes – For the Aron Kodesh?

As the French army retreated from the frozen outskirts of Moscow in 1812, Napoleon Bonaparte, the man who had once rearranged the map of Europe, was reduced to a fugitive. In the tiny village of Mogilev, a Jew named Reb Yosef Luria found himself face-to-face with a weary rider who claimed to be the Emperor himself. Reb Yosef showed the rider the utmost hospitality, feeding him and guiding him through the treacherous forest paths to safety. In a gesture of profound gratitude (and perhaps also to rid himself of a garment that made him an easy target for Russian snipers), Napoleon handed Reb Yosef his magnificent royal cloak, a masterpiece of velvet, gold trimmings, and intricate embroidery. On his journey home, Reb Yosef was accosted by robbers. He appeased them by giving them the gold buttons and trimmings of the cloak. Upon returning home, Reb Yosef realized he could not keep the cloak openly, for fear the Russians would discover it and declare him a traitor. Eventually, he sent the cloak to Eretz Yisrael. Decades later, that very cloak was fashioned into a paroches in Yerushalayim. Apparently, there is some corroborating evidence that at least parts of this story are true. The pressing halachic question, one that might cause us to pause over the plausibility of this account, is the following: can a garment worn by a French emperor be repurposed into a paroches? The Gemara in Menachos (22b) records a dispute as to whether previously used wood may be used to burn korbanos on the Mizbeach. For example, if one demolished his house, may the scrap wood be used for the Mizbeach? Rabbi Elazar ben Shamua rules that it may not. The Gemara challenges his opinion based on an apparently explicit pasuk in Shmuel II (24:22), in which Dovid HaMelech accepted wooden threshing tools as fuel on the Mizbeach. The Gemara answers that although the tools had been fashioned for threshing, they were never actually used. Therefore, they were permitted for use on the Mizbeach. The Agudah applies this principle to tashmishei kedushah: one should not use previously used items for a Sefer Torah, as it is disrespectful; such items should be new. The Chavos Yair disagrees and, based on various proofs, rules that used clothing may indeed be repurposed as a Sefer Torah cover. Nevertheless, the Rama (Orach Chaim 147:1) and the Shulchan Aruch (153:21) rule in accordance with the Agudah. One should not make a mantle for a Sefer Torah out of “old things” that were previously used by a commoner. If one offers an old velvet sofa cover or even a high-end designer jacket, the Rama’s initial stance is essentially: “Thanks, but no thanks.” Items used for mitzvos should be dedicated to that purpose from the moment of their creation. The Darchei Moshe takes this a step further. Even if the used jacket is significantly nicer than a simple new Torah cover, we still prefer the new, simpler one. However, the Mishnah Berurah suggests that perhaps bedi’eved one may rely on the Chavos Yair. Certainly, he adds, if an old jacket was already used as a Sefer Torah cover, it may not revert to its former mundane use. As a side point, the Sha’ar HaTziyun notes that perhaps everyone would agree that one may use a used kittel as a Sefer Torah cover, since it was originally designated for a mitzvah purpose. As proof, the Dirshu edition notes that the custom is not to wear one’s kittel into the bathroom. The “Mirror” Loophole The Magen Avraham (147:5), however, introduces a crucial leniency. He argues that the prohibition applies only if the item remains exactly as it was. If its form is changed, it becomes a “new” entity. His proof is the kiyor in the Mishkan. As is well known, it was fashioned from the copper mirrors donated by the righteous women in Mitzrayim. If those mirrors had been used for mundane purposes, how could they become part of the Mishkan? According to the Magen Avraham, the very act of affixing the mirrors to the kiyor, or restructuring them into a vessel, constituted a sufficient change of form. The Chasam Sofer (Orach Chaim 42) disagrees. He suggests that the mirrors were melted down and recast entirely. Once the metal was melted, their prior “commoner” status evaporated altogether. Halacha in Practice The Mishnah Berurah cites the Magen Avraham’s logic and notes that while some remain machmir, the common practice is to be lenient. As long as the garment is physically changed into something else, such as a paroches, it is considered permissible. This, precisely, is what the Luria family did. They transformed the cloak, embroidered it, and changed its shape entirely.

The Emperor’s Used Clothes – For the Aron Kodesh?

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Rabbi Avrohom Sebrow