The Jewish People’s Undying Connection to the Land of Israel
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Our synagogue has several older Torah scrolls which are in need of repair and we never use. Someone recently approached us about buying one of them (as is). Are we allowed to sell it – using the money for synagogue upkeep?
A Sefer Torah is considered the most sacred item in Judaism today. In general, the Talmud teaches us, we may only sell a sacred item to buy something even more sacred. (For example, one may sell a scroll of one of the Prophets for a Torah scroll, or a synagogue to buy an ark (where the Torah scrolls are placed).) A single exception is that a person who has a privately-owned Torah may sell it to enable him to study Torah or marry.
Since there is nothing more sacred than a Torah scroll, technically speaking, there is nothing it can be sold for. But in practice, a lesser-quality Sefer Torah may be sold for a nicer one. Since, however, you wrote that the Torah scrolls under discussion are in need of repair and presumably not valid, they have a lesser sanctity. Therefore, they can be sold if the money will be used to repair other scrolls in the synagogue’s possession. The money should be carefully set aside (or kept track of), and used for such a purpose alone and not regular synagogue expenses.
(Sources: Mishna Megillah 3:1; Shulchan Aruch O.C. 153:2-4,10; Mishna Berurah there; Igros Moshe Y.D. III 113.)
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