Chapter 13 | Solar Panels on a Synagogue’s Roof

Introduction

The use of coal and gasoline causes an increase in the greenhouse effect due to the emission of considerable number of gases into the atmosphere during its combustion. Transitioning to green energy produced by wind, sun, and water can decrease gas emissions and therefore have significant environmental value. Placing solar panels on the rooves of synagogues and Jewish educational institutions can benefit us both in its own right and as a learning activity for the entire community ¹. Because of this, one should evaluate whether it is permissible to set up these panels without impacting the sanctity of the synagogue or its honor. It is important to emphasize that everything we have stated earlier is based on the position of experts that these panels do indeed provide benefit, and we are discussing their placement alone. There are those who claim that the process to create the panels and their destruction after they become worn out causes more pollution, and therefore other solutions are preferable.

The Halachic Discussion

The Mishnah in Mesechet Megillah states: “[for] a synagogue… we do not lay fruits on the roof [to dry]” ², and what we can glean from this is that one should not use the roof of a synagogue for mundane matters ³. On the other hand, the Rambam permits using the attic above a synagogue ⁴, and the Maharam of Rothenburg writes that one should determine whether or not this use of the attic is not disgraceful, and his words are brought down as halacha by the Shulchan Aruch ⁵.

The Chida and the Mishnah Brura write that one should differentiate between ‘an attic’ which is a closed space, which therefore allows room to be lenient, and a ‘roof’, which is exposed to all and whose use can function as a disgrace to the synagogue ⁶. However, Rabbi Shlomo Zalman Auerbach writes that on the contrary, the sanctity of the roof is less than that of the attic, and its use is permitted according to all opinions ⁷. This is also brought down by Rabbi Shmuel Wosner, as he explains that laying out fruits to dry is prohibited in the Mishnah specifically because this action is “total disgrace, since they are using the entire synagogue for their work” ⁸. According to them, there is room to permit the use of a synagogue roof ⁹, however Rabbi Wosner himself writes in a different responsa that one should prohibit any permanent and recognizable use of the roof or attic, and this includes attaching a cellular antenna, because it brings shame to the synagogue ¹⁰.

Despite this, a few reasons are brought by the halachic authorities to permit this ¹¹:

• The Definition of ‘Use’: there are those who write that setting up a device on the roof of the synagogue is not considered ‘use’, because it is a one-time action, not similar to laying out fruits or hanging laundry ¹².
• Use for the Synagogue: it is permissible to use the structure of the synagogue for synagogue needs, such as hanging lights, speakers, and air conditioning as well as an antenna to receive broadcasts of shiurei torah to be listened to there ¹³. Therefore, if electricity runs from the panel to the synagogue it is permitted according to the majority of authorities ¹⁴. There are those who write that it is enough for the synagogue to receive money for the solar panel for it to be considered ‘a synagogue need’¹⁵, however there are those who write that this indirect benefit is not great enough to permit this ¹⁶.
• When the synagogue was built from the onset with the belief that they would set up solar panels, antennae, or there be other uses for the roof – the matter is permissible according to all opinions ¹⁷.

Practically, it seems that even if we are concerned for the opinions of those who prohibit placing an antenna, one should permit placing a solar panel. This is because a solar panel does not have the ‘disgrace’ of an antenna and therefore even Rabbi Wosner would permit this ¹⁸. Beyond this, in contrast with a cellular antenna, which carries a negative association (both due to certain programs that go through it and its negative effect on the environment), a solar panel demonstrates responsibility and concern for creation, and symbolically expresses that the synagogue is a source of life and blessing to the entire world. This is similar to the words of the Sages regarding the Mishkan being built with the wood of non-fruit bearing trees in order to teach us that “proper conduct is for generations” and instruct that even the King of Kings builds His home while trying to limit harm to the environment as much as possible ¹⁹²⁰. Additionally, the environmental need to transition to green energy is similar to the economic need that would allow for placing an antenna as well [291]²¹.

In Practice:

It is permissible and appropriate to place solar panels on the roof of a synagogue and express through this that the conservation of the world’s existence is part of synagogue matters. It is best for the synagogue to use the electricity produced by it, thereby providing more basis for the permit, however it is not obligatory.

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