[Avodah] Stop illegal dumping of religious items in Lakewood

[kennethgmiller at juno.com]

R' Micha Berger wrote:
> Temporary items do not receive the same qedushah. The gemara's
> textbook case is erasing a sheim Hashem written on the beach
> below the high tide line.

Something "written on the beach below the high tide line" will be erased automatically, with no further human action, and within 24 hours. I don't see how this can serve as a basis for something which will last for decades or centuries, and the only thing "temporary" about it is that it is intended or expected to be read only a very small number of times.

> I am guessing the above was what RAPam had in mind, but it's the
> line of reasoning in two shu"t Bar Ilan's web site found: Meishiv
> Davar 2:80, and Ein Yitzchaq 5:7.

Thank you very much for such precise citations. (I was going to ask exactly where can I find that site, but the Wikipedia article on "Bar Ilan Responsa Project" showed it to me. Wikipedia is amazing.) I'll look them up later.

R' Zev Sero wrote:
> ... they were never intended for more than one use, and therefore
> were created al tenai that they could be disposed of afterwards.
> I believe this is based on a psak from the early days of printing,
> when the question was what to do with galleys and misprinted or
> miscut sheets, etc.

I understand how that tenai can work for the galley proofs, which are not intended for learning, only for proofreading. But it seems to me that when one prints a Parsha Sheet, his first and foremost intention is that people should learn about the Parsha from it. Can the tenai work if someone does actually learn Torah from it? Can the tafel (intention for the Parsha Sheet to be temporary) really be that much stronger than the ikar (intention for the Parsha Sheet to be used for Talmud Torah?)

After writing the above, I remembered another example of a tenai which prevents kedusha: a shul. See, for example, Orach Chayim 151:11, that making a tenai when building a shul does have certain effects after the building ceases to be used as a shul, and this tenai overrides the fact that the building was actually used as a shul. This seems similar to the idea that a Parsha Sheet could be disposed of after it is no longer being learned from.

It still bothers me that the tafel (a mental tenai from back when the sheet/shul was made) can override the ikar (the actual use of the sheet/shul for its mitzvah). But it seems that in both cases, the tenai doesn't really take effect until *after* the sheet/shul is no longer being used. This is consistent, and once I get used to the idea, I guess I'll admit that it is logical too.

Another comparison could be to doing mitzvos with specific kavana *not* to be yotzay. If I can actually do a mitzva, but my intention is to prevent that act from taking effect, then I suppose I can also print a Parsha Sheet which will be used for Talmud Torah, and my intentions will prevent the sheet from acquiring any kedusha even if someone does learn from that sheet.

Okay, I suppose I've answered my questions. Under other circumstances I might just click "Cancel", but instead, just in case anyone has questions similar to mine, I'm clicking "Send". Thanks.

Akiva Miller

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