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Menachos, 28

1) THE CONSTRUCTION OF THE MENORAH

QUESTIONS: The Gemara quotes a Beraisa which states that "the Menorah was made from 'ha'Eshes' and from gold. If it was made from 'Geruta'os, then it is invalid. If it was made from any other type of metal, then it is valid." The Beraisa is saying that the requirement that the Menorah be made from "ha'Eshes" and not from "Geruta'os" is even b'Di'eved; the Menorah is not valid if this requirement is not fulfilled. However, the requirement that the Menorah be made from gold, and not from other metals, is only l'Chatchilah. B'D'ieved, if the Menorah was made from other metals, it is valid. There are a number of points in this Beraisa that need clarification.

(a) What constitutes making a Menorah from "ha'Eshes," and what constitutes making it from "Geruta'os?"

(b) What is the source for this Halachah?

(c) If a Menorah is made out of any metal other than gold, does the requirement that it not be made from "ha'Eshes" still apply?

ANSWERS:

(a) We find two basic explanations for the meaning of "ha'Eshes" and "Geruta'os."

1. RASHI explains that "ha'Eshes" refers to making a Menorah by taking a solid Kikar of gold and forging it into the shape of a Menorah. Rashi explains that "Geruta'os" refers to "broken pieces of gold." It seems that Rashi understands that even if these broken pieces of gold would be melted down into a Kikar of gold from which the Menorah would be fashioned, the Menorah would still not be valid. If this is not Rashi's intention, but rather he means that the Menorah is invalid when constructed from many separate pieces of gold, then the Beraisa is not teaching anything new by telling us that the Menorah may not be made from Geruta'os. We know that even if the various parts of the Menorah would be made individually (from Geruta'os) and later assembled, the Menorah would be invalid. Certainly, then, if the Menorah would be made from hundreds of pieces of gold that were attached together, it would be invalid. It must be that the Beraisa is teaching that even if the gold pieces are melted and made into a single block of gold, the Menorah is invalid.

(Even though the single Kikar of gold originally must have come from much smaller pieces that were quarried, the Torah requires that the Kikar used for the Menorah be the original result of the refining of the gold, and not that the gold was refined into smaller pieces and then melted again to make a Kikar.)

2. The NETZIV (in EMEK HA'NETZIV to the Sifri, Parshas Beha'aloscha, Piska 3) understands that the Pesul of Geruta'os is due to the fact that the gold originally was used in the form of other utensils. This implies that if the Geruta'os of gold were never used for utensils, but were melted into a single block and made into the Menorah, the Menorah would be valid. This is not the view of Rashi, for Rashi does not write that Geruta'os are "broken [pieces of] utensils" ("Kelim Shevurim"), but rather that they are "broken [pieces of] gold" ("Zahav Shavur"), implying that even if the Geruta'os were never used for other utensils, they still may not be used to make the Menorah.

The Netziv asks an obvious question on the requirement that the Menorah be made from a single block of gold and not from Geruta'os. The Torah (in Parshas Terumah) clearly states that the Jewish people contributed gold to the Mishkan by bringing their ornaments and jewelry, and this gold was used in the construction of the Mishkan and its vessels. How could this gold be used if the Menorah and other vessels had to be made from a single block of new gold? (The Netziv infers from the wording of the Sifri that all of the vessels of the Mishkan needed to be fashioned from "ha'Eshes" l'Chatchilah, and it is not reasonable to assume that they were constructed in a b'Di'eved manner by using Geruta'os.)

The Netziv answers that the vessels of the Mishkan and Beis ha'Mikdash were not fashioned from the ornaments themselves. Rather, the people donated their ornaments, and those were then bartered and exchanged for solid blocks of new gold and silver (from the surrounding nations).

(b) The source for the requirement of making the Menorah from "ha'Eshes" is the verse, "Mikshah" (Shemos 25:31), as the Gemara here mentions. How, though, is this requirement derived from the word "Mikshah?"

1. RASHI explains that the word "Mikshah" comes from the word "Nokesh," which means to bang or to hammer. The verse is teaching that the Menorah must be formed by chiseling and pounding a single piece of gold into the desired shape. Melting gold pieces into a single block of gold and then pounding it is not considered "Mikshah," since the single block was not originally made into one block of gold.

2. The NETZIV understands from the Sifri that "Mikshah" is a contraction of the words, "Min Kasheh" -- from hard gold. If the gold was already formed into other vessels, then it was made soft and does not qualify as "Min Kasheh."

3. RABEINU HILLEL on the Sifri explains that "Mikshah" means "Ma'aseh Kasheh." This refers to the extremely difficult manner of making the Menorah by chiseling it out of a single block of gold, and not forming it with a mold or by attaching separate pieces together.

(c) If a Menorah is made out of any metal other than gold, does the requirement that it not be made from "ha'Eshes" still apply? The Gemara derives from a verse (Bamidbar 8:4) that "when it is made out of gold, it is made 'Mikshah,' but when it is not made out of gold, it is not made 'Mikshah.'" This means that if the Menorah is constructed from other types of metals, it does not need to be made "Mikshah." Since the requirement to make the Menorah from "ha'Eshes" and not from Geruta'os is also learned from the word "Mikshah" (in Shemos 25:31), it seems that when the Menorah is made from other metals, the requirement that it be made from a single block does not apply. (Some suggest that this can be inferred from Rashi's words, "Zahav Shavur," which imply that only *gold* that is not a complete block cannot be used, but other metals may be used when they are not a complete block.)

However, the RAMBAM (Hilchos Beis ha'Bechirah 3:5) states explicitly that a Menorah made from Geruta'os is invalid, whether it is made from gold or from any other metal. How does the Rambam reconcile his ruling with the words of the Gemara?

We find that the Rambam interprets the word "Mikshah" in a different way. The Rambam (in Perush ha'Mishnayos to Midos) explains that "Mikshah" means "full," as opposed to hollow. The Menorah must not be made with any hollow space left inside. With regard to this requirement of "Mikshah" (that the Menorah not be hollow), the Rambam *does* cite the Gemara that says that when the Menorah is made from other metals, it does not need to be "Mikshah," but it may indeed be hollow. Nevertheless, the Rambam still understands that the only Halachos that do not apply to a non-gold Menorah are those Halachos that pertain to the different shapes used for the Menorah, and to the size of the Menorah. As the Gemara says, the Menorah needs to be constructed from a Kikar (a measurement of weight) only when it is made from gold, but not when it is made from other metals. Similarly, the Menorah needs Gevi'im and Kaftorim only when it is made from gold, but not when it is made from other metals.

Similarly, the requirement of "Mikshah," according to the Rambam, is a requirement in the shape of the Menorah. With regard to the shape, the Torah teaches that only when it is made from gold must it be full and not hollow. When the Menorah is made from other metals, then it may be hollow.

(We may suggest that the reason why the aesthetic requirements of a gold Menorah are different than the requirements of a Menorah of other metals is because gold itself has a different appearance than other metals.)

However, with regard to the actual manner in which the Menorah is constructed, the Rambam rules that "Mikshah" teaches us that it must be built from an original, whole piece of gold. This requirement applies even when it is built from other metals, since it does not pertain to how the Menorah looks, but rather to how it is built. Therefore, the Rambam rules that a Menorah made from Geruta'os is invalid even when it is made from other metals. (Mordechai Zvi Dicker)

28b

OPINIONS: The Beraisa states that one may not construct a Menorah similar to the Menorah in the Beis ha'Mikdash. This prohibition includes constructing a Menorah out of metals other than gold, since the Menorah in the Beis ha'Mikdash is valid even when made from other metals. What, though, is the Halachah with regard to building a Menorah in a way that it would be invalid in the Beis ha'Mikdash? For example, may one build a Menorah out of gold without the Gevi'im and Kaftorim? Is it permitted to build such a Menorah, since such a Menorah is invalid for use in the Beis ha'Mikdash?

(a) REBBI AKIVA EIGER (Hagahos to Shulchan Aruch YD 141:8) reasons that since a gold Menorah is invalid without the Gevi'im, it should be permitted to make it in this manner.

(b) However, Rebbi Akiva Eiger cites the TEVU'OS SHOR who prohibits making a Menorah even in such a manner. This is also the view of the BI'UR HA'GRA, who explains that since a Menorah made out of other metals is valid without Gevi'im, a gold Menorah made without Gevi'im is "still a Menorah" and thus it is prohibited to make a Menorah from any type of metal even if one makes it without Gevi'im. The reasoning behind this seems to be that the Torah prohibits making any Menorah in a fashion ("Tzurah") that is similar to the Menorah in the Beis ha'Mikdash, even though it is not identical in all aspects of Kashrus. Since we find that a Menorah made out of other metals is valid without Gevi'im, it must be that Gevi'im are merely additions to the Menorah and are not an essential, defining feature of the Menorah. (Even though a gold Menorah is invalid without Gevi'im, that is not because it is not considered a Menorah, but rather it *is* a Menorah, but it is a Menorah that is lacking one of its requirements.) Therefore, it is prohibited to build a Menorah out of gold even if one does not build the Gevi'im, because even though its is not similar in Kashrus to the Menorah in the Beis ha'Mikdash, it is similar in fashion.

Another example of such a Menorah that is not valid for use in the Beis ha'Mikdash but that is still prohibited to build is a Menorah made of gold but not "Mikshah." Such a Menorah is invalid in the Beis ha'Mikdash, but it is still prohibited to build for personal purposes, because we find that a Menorah made of other metals does not have the requirement of "Mikshah."

(Even according to the RAMBAM (see previous Insight) who maintains that a Menorah made from Geruta'os is invalid even when the Menorah is made out of metals other than gold, it will be prohibited to such a Menorah (from Geruta'os, with other metals) for personal use. As we explained earlier (see previous Insight), the requirement that the Menorah not be made from Geruta'os is not a Halachah pertaining to the appearance of the Menorah, but rather it is a Halachah pertaining to the type of raw material that may be used. Even if Geruta'os are a type of raw material that may not be used, the fashion of the appearance of the Menorah remains the same. Consequently, it is prohibited to build a Menorah from Geruta'os even according to the Rambam.) (Mordechai Zvi Dicker)