Selling Inherited Tefillin

Question: I inherited my grandfather’s tefillin a few years ago but do not need them, as I already have my own pair. May I sell them?

Answer: The Mishna (Megilla 26a) teaches that when an item of kedusha is sold, the proceeds retain their sanctity and may be used only to purchase an item of greater kedusha. However, the Gemara (Megilla 26a) teaches that property sold by a kehilla through its authorised representatives may be sold without such restrictions. Based on this, the Tur (OC 153:10) writes that a private individual may sell such items and use the proceeds as he wishes.

Nevertheless, the Gemara (Megilla 27a) states that a Sefer Torah may only be sold in limited circumstances, such as for Torah study or marriage. The Beis Yosef (YD 270:5) understands that this applies even to a privately owned Sefer Torah, and accordingly the Shulchan Aruch (OC 153:10; YD 282:18) records a machlokes whether one may sell his Sefer Torah and freely use the proceeds. While there is no clear consensus, many poskim adopt a lenient position (see Piskei Teshuvos 153:19). At the same time, a number of poskim distinguish between a Sefer Torah and other items of kedusha: the Magen Avraham (153:23) limits the stringency to a Sefer Torah, and on this basis many extend greater leniency to other tashmishei kedusha. Although the Biur Halachah (153:10) notes dissenting views, the accepted practice is generally to be lenient. Thus, R’ Shmuel Wosner (Shevet Halevi 1:41) writes that it is common practice to replace tefillin or mezuzos with more mehudar ones and sell the original pair.

The Beis Yosef notes that sacred items acquired for resale may certainly be sold, as they were never designated for personal mitzva use. Similarly, the Kaf Hachaim (OC 153:90), discussing an inherited Sefer Torah, writes that an heir’s intention upon receiving it is significant. Accordingly, one who already possesses his own tefillin and receives an inherited pair without the intention of using them for the mitzva may sell them.

In conclusion, although the sale of a Sefer Torah is subject to significant restrictions, one may sell privately owned tefillin, particularly where they were inherited and were never intended for personal mitzva use.

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