CCAR RESPONSA
New American Reform Responsa
59. Renting a Portion of the Synagogue to a University
QUESTION: May a synagogue rent a portion of its building for university classes? The classes will be held both during the week and on shabbat. Is that rental appropriate as it involves a secular use of the building on shabbat? Does it make a difference that there are separate entrances for congregants coming to worship and for students coming to study? (Rabbi Robert T. Gan, Los Angeles CA)ANSWER: Synagogues through the ages have been located in many different sites sometimes, especially since the Emancipation, in a completely secular environment. So, for example, the Orthodox synagogue in Springfield, Missouri was in an office building which also housed a movie theater, and the normal secular activities continued around the synagogue on shabbat as well as the holidays. Elsewhere, rooms rented by a congregation for religious school or adult activities during certain days were rented by others for secular purposes at different times. In your instance, of course, we are dealing with a synagogue which owns the property and may rent to others. The fact that the rental is to a university for the purposes of study would make no difference to the traditional authorities such as Ezekiel Landau or Moses Sofer and many of their disciples who long opposed secular studies (A. Altman Moses Mendelssohn p 397; Ezekiel Landau Derushei Hazelah 53a pp; Moses Sofer Responsa #197). We, of course, do not share these feelings about the university and secular learning, and are joined by other Orthodox authorities such as David Hoffmann (Melamed Lehoil) and Samson Raphael Hirsch. We must ask whether any particular feelings of holiness are attached to the synagogue building outside of the synagogue itself such as the social hall and other rooms. Such areas of the synagogue do not possess a special sanctified status. We would not hesitate to use the facilities of the synagogue for entirely secular purposes such as a social dance (S. B. Freehof Recent Reform Responsa #45; W. Jacob (ed) American Reform Responsa #166 ff). There are few restrictions on the use of a synagogue building. All of the instances discussed have dealt with congregational or communal uses and were subject to restrictions on shabbat and holidays. No normal activities would continue during these sacred days especially during the hours of services. We can only claim that university classes are inappropriate on shabbat under the rubric marit ayin. The appearance to the congregation and the general community of such a rental would be wrong. It would seem to violate the shabbat and secularize the synagogue building. Although technically such a rental arrangement would be alright, we should not neglect marit ayin and such sentiments unless the economic circumstances are extreme and this is the only way in which the synagogue can continue. The facilities should not be rented to a university if it is going to use them on shabbat and the holidays.December 1990
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