The Seder Avodah of Yom Kippur

Rav Goldberg was discussing the tefilos of Yom Kippur with the shul’s chazan, Reb Hershel.

“Probably the least understood part of the Yom Kippur davening is the Seder Avodah recited in the repetition of Musaf,” the rav began. “Although it is one of the most important parts of the Yom Kippur davening, I have seen many shuls race through it at a pace too fast for comprehension.”

“Let me quote you the Me’am Loez,” continued Rav Goldberg, pulling a sefer off the shelf. “He writes, ‘Many people doze off during the recital of the Avodah. They don’t realize that the most important part of Yom Kippur is during the repetition of the Sh’moneh Esrei, when the Seder Avodah is recited.’”

“I didn’t realize it was that important,” admitted Reb Hershel, “but it is very hard to understand.”

“Dozens of piyutim (liturgical pieces) have been written describing the Seder Avodah,” explained Rav Goldberg. “Most shuls that daven Nusach Ashkenaz recite the piyut that begins with the words Amitz Koach, which is indeed a very difficult, poetically-written piyut. The piyut used in Nusach S’fard, Atah Konanta, is much easier to comprehend.”

“So why do we recite Amitz Koach?”

“That is an excellent question that I cannot answer fully. Already in the time of the Gemara, we see that the Seder Avodah was recited, presumably from some type of piyut, although the text they used is long lost. The Geonim and Rishonim refer to many different piyutim that they had in their times. Amitz Koach was authored by Rabbeinu Meshulam ben Klonymos, who is quoted by Rashi with the greatest respect (see Rashi, Bava Metzia 69b s.v. Mafrin; Zevachim 45b s.v. h”g). In the course of time, Minhag Ashkenaz accepted the use of Amitz Koach, presumably out of respect for the author.”

“Why is it so important to recite the Seder Avodah? Is it a Takanas Chachomim?”

“There is no specific takanah requiring the recital of the Seder Avodah. However, reciting it fulfills the concept of ‘U’neshalma parim sefaseinu,’ ‘And let our lips replace the (sacrificial) bulls’ (Hoshea 14:3). The Midrash teaches that when we are unable to offer korbanos, our recital of the Avodah is accepted by Hashem as a replacement for the korbanos (Midrash Rabbah, Shir HaShirim 4:3). This implies that we accomplish kaparah (atonement) by reciting the Seder Avodah with kavanah. Therefore, a person who recites the viduy of the Seder Avodah and truly regrets his sins can accomplish atonement; this would be similar to the viduy recited by the Cohen Gadol.”

THE ATONEMENT OF YOM KIPPUR

Reb Hershel was curious. “What did the viduy of the Cohen Gadol accomplish?”

“Different korbanos offered by the Cohen Gadol atoned for different sins (see Gemara Yoma 61a). However, the greatest atonement was accomplished by the goat sent to Azazel, which atoned for all the sins of the Jewish people (Rambam, Hilchos Teshuvah 1:2; Mishnah Shevuos 2b).”

“Do you mean that a person could achieve atonement, even if he did not do Teshuvah?”

“Although there is such an opinion in the Gemara, the halacha is that Yom Kippur’s kaparah is effective only for those who do Teshuvah (Shevuos 13a). A person who does complete Teshuvah — which means that he regrets his sins, makes a decision that he will never commit this sin again, and recites viduy — is forgiven for his sins.”

“Does this mean that he will never be punished for them?”

“Not always. For very serious sins, including Chilul Hashem (desecrating Hashem’s name), he may still be punished in this world. But someone who completely repented his sins in this world is guaranteed that he will suffer no punishment in the next world (Rambam, Hilchos Teshuvah 1:3-4).”

“At the time of the Beis HaMikdash, did people know when their sins were forgiven?”

“When the Cohen Gadol was a tzadik, part of the Yom Kippur Avodah included a procedure that showed Klal Yisrael whether or not they were forgiven. Let me provide some background. The Beis HaMikdash treasurers purchased two goats at the same time that were identical in height, appearance and value (Mishnah Yoma 62a). One of these goats was a Yom Kippur korban, offered in the Beis HaMikdash, and the other was the Azazel goat.”

CHOOSING THE GOAT FOR AZAZEL

“The Cohen Gadol drew lots to determine which goat would be the korban for Hashem and which would be the Azazel. This was an elaborate procedure. The Cohen Gadol stood in the courtyard of the Beis HaMikdash, near the courtyard’s entrance, facing the two goats, one opposite his right hand, and the other opposite his left. The S’gan, the Associate Cohen Gadol, stood on the Cohen Gadol’s right, and the Rosh Beis Av, the head of the family unit of Cohanim on duty that week, stood on the Cohen Gadol’s left.

“The Cohen Gadol thrust his hands into a small wooden box containing two gold lots, one marked ‘for Hashem’ and the other ‘for Azazel,’ and removed the lots, one in each hand. He then raised his hands, exposing the lots to the S’gan and Rosh Beis Av. If the lot saying ‘for Hashem’ was in his right hand, the S’gan announced, ‘Master Cohen Gadol, raise your right hand.’ If it was in his left hand, the Rosh Beis Av announced, ‘Master Cohen Gadol, raise your left hand.’

“The Cohen Gadol then placed each lot on the head of the goat nearest that hand, and decreed, ‘For Hashem, a Chatos offering.’ The Cohen Gadol used the Ineffable Name of Hashem in this declaration, and everyone assembled responded by shouting ‘Baruch Shem K’vod Malchuso L’Olam Vo’ed’ (Mishnah Yoma 37a and 39a).”

THE RED THREAD

“The Cohen Gadol then tied a red thread to the horn of the Azazel goat, and another red thread around the neck of the Chatos goat (Mishnah Yoma 41b). Much later in the

procedure, the Cohen Gadol rested his hands and full weight on the head of the Azazel goat, and recited aloud a viduy on behalf of the entire Jewish people. He concluded his viduy by stating, ‘Because on this day He will atone and purify you from all your sins. Before Hashem shall you become pure (Vayikra 16:30),’ once again using the Ineffable Name of Hashem. When the assembled people heard the Name uttered in purity and holiness by the Cohen Gadol, they all bowed and prostrated themselves, until their faces were pressed to the ground. They then recited again, ‘Baruch Shem K’vod Malchuso L’Olam Vo’ed’ (Mishnah Yoma 66a).

“At one point in the procedure, the red thread tied to the Azazel goat was removed, torn in half, and one part tied again onto the Azazel goat’s horns. At the exact moment that the Jews were forgiven, both halves of the thread turned white” (Yoma 67a).

“You mentioned that the red thread was torn in half,” Hershel asked. “What happened to the other half?”

“This depends on the period of Jewish history. When the Cohen Gadol was a great tzadik, the Jews were forgiven on Yom Kippur, and the red thread turned white. During those years, the thread was left displayed in a prominent place in the Beis HaMikdash for everyone to see the miracle. However, in the later years of the Second Beis HaMikdash, when the Cohanim Gedolim were often not suitable for the position, the thread did not turn white. To save themselves embarrassment, the thread was placed where it would not be seen (Yoma 67a).

“How frequently did the thread turn white?”

“Apparently, during the period of the Bayis Rishon and the early period of the Bayis Sheni, the thread always turned white. In this period, the position of Cohen Gadol was awarded on the basis of merit. However, after the Cohanim Gedolim in the Bayis Sheni began purchasing the position, often, the thread did not turn white.”

THE COHANIM GEDOLIM OF THE SECOND BEIS HAMIKDASH

“You mentioned that there was a vast difference between the Cohanim Gedolim of the First Beis HaMikdash and those of the Second. Could you explain this more fully?”

“Yes, gladly. The Cohanim Gedolim of the First Beis HaMikdash were all great tzadikim who were worthy of their exalted position. Most of them had a long tenure as Cohen Gadol. In contrast, most of the Cohanim Gedolim of the Second Beis HaMikdash bribed the government for the position. Because they lacked the kedusha the position required, they died within a year of securing the appointment (Yoma 8b; 9a).”

“And yet they were eager to bribe the government for the job?”

“People do very strange things for kavod. As Chazal teach us, it is one of the three things that remove a person from this world.”

MUST BE DONE BY THE COHEN GADOL

Reb Hershel had many other questions. “What part of the Avodah of Yom Kippur was the Cohen Gadol obligated to perform himself?”

“Certain procedures took place in the Beis HaMikdash every day, such as clearing the two mizbeichos (altars); bringing the daily offerings (Korban Tamid); burning k’tores (incense) twice a day; and cleaning, setting up and lighting the Menorah. In addition, on Shabbos and Yom Tov, there were special korbanos called Korban Musaf, the origins of our Musaf prayers. The Torah mentions these korbanos in Parshas Pinchas. All these could be performed by any cohen.

“On Yom Kippur, in addition to the daily and Musaf korbanos, there was a special procedure unique to Yom Kippur, which is called the Seder Avodah, or the Seder Avodas Yom Kippur. This Avodah, involving the offering of several special korbanos and a unique offering of incense, is described in Parshas Acharei, the Keri’as HaTorah for Yom Kippur morning, and in great length in Mesechta Yoma. For this Avodah, the Cohen Gadol wore special white garments that were worn no other time. Although it was preferred that the Cohen Gadol perform everything in the Beis HaMikdash on Yom Kippur himself, the only part absolutely mandatory for him to perform was the special Yom Kippur Avodah.”

WERE LOTS USED ON YOM KIPPUR?

“I am confused,” admitted Hershel. “The Piyutim of Seder Avodah mention a lottery to determine which cohanim will bring korbanos on Yom Kippur. But why such a procedure, if the Cohen Gadol was doing everything anyway?”

“A lottery system was used each day to determine which cohanim would perform the different tasks in the Beis HaMikdash. Most poskim contend that the Cohen Gadol performed ALL the service in the Beis HaMikdash by himself on Yom Kippur (even though he was only required to perform the special Yom Kippur Avodah). In their opinion, there was no lottery on Yom Kippur to determine who performed any tasks. Other poskim contend that although the Cohen Gadol was to perform all the tasks in the Beis HaMikdash himself, if he was unable to perform the entire Avodah himself, other cohanim could do some parts of it, in his place. When this happened, the lottery system would determine which cohen was appointed to perform the avodah.”

CHANGING CLOTHES

“It is interesting to note,” continued the Rav, “that to perform every part of the special Seder Avodah of Yom Kippur, the Cohen Gadol was required to wear his special Yom Kippur vestments (described in Parshas Acharei). However, for every part of the service that was not part of the Yom Kippur Avodah, he wore the eight vestments described in Parshas Te’tzaveh. Thus, the Cohen Gadol changed his clothes five times during Yom Kippur. According to a special commandment received by Moshe Rabbeinu (Halacha l’Moshe mi’Sinai), he immersed himself in a mikveh each time he changed his clothes and also performed a special procedure involving washing his hands and feet twice each time.”

“I understand that when the Cohen Gadol entered the Kodesh HaKodoshim (The Holy of Holies), no one was allowed to be inside the entire Beis HaMikdash building, even the Kodesh (Vayikra 16:17),” interjected Hershel.

“Not only were no humans allowed in, even angels could not enter (Yerushalmi Yoma 1:5, cited by Tosafos Yeshanim, Yoma 19b).”

THE COHEN GADOL SWEARING

“I remember learning that the Cohen Gadol had to swear an oath before Yom Kippur,” queried Hershel. “Why was that?”

“The first time the Cohen Gadol entered the Kodesh HaKodoshim, he did so with a ladle of specially refined k’tores (incense) and a censer, a type of coal pan for burning incense. According to Halacha L’Moshe M’Sinai, he had to enter the Kodesh HaKodoshim first and then burn the k’tores inside. However, the Tzedukim, who did not accept Torah she’be’al peh, believed that he should kindle the k’tores first and then enter the Kodesh HaKodoshim. In the period of the Second Beis HaMikdash, when the position of Cohen Gadol was often purchased, there was concern that the Cohen Gadol might be a clandestine Tzeduki. Since no one could enter the Beis HaMikdash building while the k’tores was offered, there was no way of knowing what the Cohen Gadol actually did while inside. Therefore, he was required to swear before Yom Kippur that he would perform the service as instructed by the Gedolei Yisrael.”

“Were there any recorded instances of a Cohen Gadol who was a Tzeduki?”

“The Gemara records two such instances. In one case, the Cohen Gadol proudly told his father, who was also a Tzeduki, that he had offered the k’tores according to their practices. The Gemara records that this Cohen Gadol soon died a very ignominious death.”

“What happened in the other instance?”

“The Gemara records that the cohanim heard a loud sound in the Beis HaMikdash. They raced in to find the Cohen Gadol dead, with obvious signs that he had been killed by an angel (Yoma 19b).”

“But I thought even angels could not enter the Beis HaMikdash while the Cohen Gadol offered the k’tores?”

“This is an excellent question, and it is asked by the Gemara Yerushalmi. The Gemara answers that since the Cohen Gadol had performed the service incorrectly, the angels were permitted to enter.”

MULTIPLE ENTRIES INTO THE KODESH HAKODOSHIM

“How many times did the Cohen Gadol enter the Kodesh HaKodoshim on Yom Kippur?” asked Hershel.

“Most people don’t realize that the Cohen Gadol entered the Kodesh HaKodoshim four times on Yom Kippur. The first time was with the special Yom Kippur k’tores, the second time to begin the kaparah of his special Yom Kippur bull offering, and the third time to attend to the kaparah of the goat offering. During each of these last two visits he sprinkled eight times. These sprinklings have a significant place in the piyutim. These are the places when the chazan, followed by the congregation, shouts out, ‘Achas, achas v’achas, achas u’shtayim,’ until ‘achas va’sheva’ to commemorate this part of the Avodah.”

“You said that the Cohen Gadol entered the Kodesh HaKodoshim four times, but we mentioned only three.”

“Much later in the day, the Cohen Gadol changed into a different set of special Yom Kippur white garments and entered the Kodesh HaKodoshim to pick up the censer and the ladle that he had brought in earlier. This was a required part of the Yom Kippur service.”

“I reviewed the description of the Avodah mentioned in Parshas Acharei,” continued Hershel. “I notice that the Torah does not mention Yom Kippur until the twenty-ninth pasuk of the discussion. Why is this?”

“Although Aaron and the later Cohanim Gedolim never entered the Kodesh HaKodoshim, except on Yom Kippur, the Midrash says that Aaron was permitted to enter it at other times, provided he followed the procedure described in Parshas Acharei. On Yom Kippur, he was obligated to offer these korbanos and enter the Kodesh HaKodoshim. Thus, the beginning of the reading explains how Aaron could enter the Kodesh HaKodoshim, whereas the end teaches that this procedure must be performed on Yom Kippur.” (Note that Rashi, in his commentary on these verses in Chumash, seems to have a different approach to this question.)

“Is it true that a rope was tied around the Cohen Gadol’s waist before he entered, so that they could pull him out if he died?”

“In actuality, the source, which is a quotation in the Zohar, mentions that a rope was tied around his foot,” responded Rav Goldberg.

“Thanks a lot for all your time,” Reb Hershel concluded.  “I now understand the importance of reciting the Seder Avodah carefully, and why some people study the mishnayos of Meseches Yoma before Yom Kippur.”

“You are absolutely correct. Indeed, the Mateh Efrayim maintains that one’s main learning during the entire month of Elul should be devoted to understanding the Seder Avodah properly. So, don’t forget to study the mishnayos and gemaros we’ve just been discussing.”

 

Who Knows Thirteen?

Question: What is the basis for the Selichos we recite before Rosh Hashanah and during the Aseres Yemei Teshuvah?

Answer:

From the beginning of Selichos, continuing with the closing sentences of the haftarah we recite on Shabbos Shuvah, and then again after Maftir Yonah, and climaxing with the Selichos we recite in ne’ilah, we repeatedly enumerate or allude to the thirteen attributes of Hashem’s kindness. The words mi keil kamochaalso allude to the thirteen attributes of Hashem’s kindness.

Why is the recital of the thirteen midos of Hashem’s mercy so important? Allow me to quote the relevant Talmudic passage:

Rabbi Yochanan said: “Were it not for the fact that the Torah itself wrote this, it would be impossible to say this. The Torah teaches that Hashem wrapped Himself in a talis like a chazzan and demonstrated to Moshe the order of prayer. Hashem told Moshe: ‘Whenever the Jews sin, they should perform this order, and I will forgive them”‘ (Rosh Hashanah 17b).

Rabbi Yochanan noted that the anthropomorphism of his own statement is rather shocking, and, without scriptural proof, we would refrain from saying it. Nevertheless, the Torah compelled us to say that Hashem revealed to Moshe a means whereby we can be pardoned for our iniquities. According to the Maharal, Moshe asked Hashem to elucidate, to the extent that a human can comprehend, how Hashem deals with the world in mercy. Hashem did, indeed, enlighten Moshe, and this enabled him to implore that the Jewish people be forgiven and taught him how to lead the Jews in their prayers (Chiddushei Agados, Rosh Hashanah 17b s.v. Melameid).

Source for Selichos

This, then, is the basis for Selichos. Indeed, it is not a takanah, but a custom; yet, who would not avail himself of the opportunity to prepare early for this chance? To quote the Leket Yosher: Someone who goes to daven on the High Holidays and did not say Selichos in preparation can be compared to an individual who desires to approach the king with an urgent request, and manages to acquire the key to the king’s inner sanctum, but fails to arrange how he will enter the outer office. All his efforts are therefore completely in vain, because he failed to prepare himself adequately. This can be compared to someone moving to an unsettled area who installs a modern kitchen, expecting to be able to turn on the tap and produce water, when there are no connecting water pipes!

A Word about Attributes

What, exactly, are the thirteen attributes? For that matter, can we attribute personality characteristics to Hashem?

Humans are not capable of understanding who Hashem is. The Torah requires that we understand that Hashem does not have moods (Rambam, Hilchos Yesodei HaTorah 1:11). When we describe Hashem’s different attributes, we are explaining Hashem in a way that we, as human beings, will be able to comprehend Him, since we cannot comprehend Him in any other way (Rambam, Hilchos Yesodei HaTorah 1:9). Thus, providing thirteen different attributes of Hashem’s mercy is simply a human way for us to appreciate more specifically and to a greater extent what Hashem does and has done for us, and what is our responsibility to fulfill the mitzvah of being like Hashem, which I will explain shortly.

To quote Rabbeinu Bachyei: Although we no longer know how to beseech nor do we properly understand the power of the thirteen attributes, and how they connect to Hashem’s mercy, we still know that the attributes of mercy plead on our behalf, since this is what Hashem promised. Today, when we are without a kohein gadol to atone for our sins and without a mizbei’ach on which to offer korbanos and no Beis Hamikdash in which to pray, we have left only our prayers and these thirteen attributes (Kad Hakemach, Kippurim 2).

Who Knows Thirteen?

To quote the Haggadah, “I know thirteen! Thirteen are the attributes.”

What are the thirteen midos?

The Torah says: Hashem, Hashem, Who is a merciful and gracious G-d, slow to anger, and abundant in kindness and truth. He preserves kindness for thousands of generations by forgiving sins, whether they are intentional, rebellious or negligent; and He exonerates (Shemos 34:6-7).

There are many opinions among the commentaries and the halachic authorities exactly how to calculate the thirteen merciful attributes of Hashem. The most commonly quoted approach is that of Rabbeinu Tam, who includes each of the Names of Hashem at the beginning as a separate attribute (Tosafos, Rosh Hashanah 17b).

What do I do?

At this point, I want to return to the above-quoted Talmudic source of the Selichos and note an important point.

Hashem told Moshe: “Whenever the Jews sin, they should perform this order and I will forgive them.” The Hebrew word that I have translated as should perform this order is yaasu, which means that the Jews must do something, definitely more than just reciting the words. If all that is required is reading the words, the Gemara should have said simply: They should read these words. Obviously, action, which always speaks louder than words, is required to fulfill these instructions and accomplish atonement. What does the Gemara mean?

Emulate Hashem

To answer this question, we need to realize that the most important of the 613 mitzvos is the commandment to emulate Hashem. To quote the Gemara: Just as Hashem is gracious and merciful, so should you become gracious and merciful (Shabbos 133b). When Hashem told Moshe: Whenever the Jews perform this order, I will forgive them, He meant that when we act towards one another with the same qualities of rachamim that Hashem does, He forgives us. Reciting the thirteen attributes of Hashem’s mercy is the first step towards making ourselves merciful people who emulate Hashem’s ways. Yaasu means learning to internalize these attributes by doing them, and thereby making ourselves G-dly people. “Doing” the thirteen attributes means not only understanding the absolutely incredible amount of tolerance that Hashem manifests, but includes, also, realizing how accepting we must be of people who annoy and harm us!

This sounds great in theory. What does it mean in practice?

Here are several examples, all taken from the sefer Tomer Devorah, to help us comprehend what our job is:

  1. Whenever someone does something wrong toward Hashem, at that very moment He provides all the needs of the offender. This is a tremendous amount of forbearance that Hashem demonstrates. Our mitzvah is to train ourselves to be accepting, to this great extent, of those who annoy and wrong us.
  2. We should appreciate the extent to which Hashem considers the Jews to be His people; we should identify with the needs of each Jew on a corresponding level.
  3. Hashem waits with infinite patience for the sinner to do teshuvah, always being confident in this person’s ability to repent and change, and continues to provide the sinner with all his needs. Similarly, we should not stand on ceremony to wait for someone who wronged us to apologize.
  4. Hashem emphasizes the positive acts that a person does and continues to shower the person with good, while, in the interim, He overlooks the sins a person has performed. Similarly, when I know that someone wronged me, but at the same time I have received chesed from him or her, I should ignore the fact that they wronged me – after all, they have also helped me. The Tomer Devorah emphasizes specifically the chesed that one receives from one’s spouse, which should, without question, supplant any criticisms one has of him or her.
  5. When a person does teshuvah after sinning, Hashem loves him more than He loved him before he sinned. As the Gemara states: In a place where baalei teshuvah stand, complete tzadikim are unable to stand. The parallel responsibility incumbent on a person to someone who wronged him is that when he sees that the person wants to makes amends, he should befriend and accept him at a greater level than he had previously.

We see that the recital of the thirteen attributes serves not only to help us appreciate all that Hashem does for us, but also as a training ground to teach how we should constantly treat our fellowman.

Conclusion

My rosh yeshivah, Rav Yaakov Ruderman zt”l, asked, Why do Ashkenazim not begin reciting Selichos until at most eight days before Rosh Hashanah? The custom of the Sefardim, who begin reciting selichos at the beginning of Elul, seems to make more sense. After all, the entire month is specially designated for doing teshuvah.

His answer was that proper prayer requires hachanah, proper preparation. We need the beginning of Elul to get prepared for properly reciting the Selichos (Sichos Avodas Halevi pg. 264). Now that we understand how much of a responsibility we are assuming when we recite the thirteen midos of Hashem, we can appreciate better why we need several weeks of preparation before we begin reciting the Selichos.

 

Prayer by Non-Angels

Question #1: Ahavah Rabbah

Brocha Rishonah asks me: “In the middle of reciting the brocha of Ahavah Rabbah, I feel a mild need to use the bathroom. Must I stop davening immediately, or can I delay using the bathroom and finish davening first?”

Question #2: The Baal Keriyah

“I am a baal keri’ah (often mispronounced as baal korei). It occasionally happens that while I am leining, I realize that I need to use the facilities. May I continue leining until I have finished reading?”

Question #3: Cantorial Quandary

Mr. Fine Cantor calls me. “I just found out that one may not pray when one has a minor urinary urge, which for me is quite common. I often have such a need prior to repeating the chazaras hashatz. It is rather embarrassing for me to leave the shul prior to beginning the repetition. What do I do?”

Introduction

Since Tehillim (106:30) emphasizes that Pinchas was rewarded in the merit of his prayer, we have an ideal opportunity to discuss this aspect of the laws of davening.

In the fourth chapter of Hilchos Tefillah, the Rambam lists and explains five essential prerequisites of prayer. This means that one may not be permitted to daven if he is unable to fulfill these requirements. The five requirements are:

  1. One’s hands must be clean.
  2. One’s body must be covered.
  3. The place where one is praying must be clean.
  4. One may not be distracted by bodily needs.
  5. One must have proper kavanah when praying, meaning that there is a requirement that one’s thoughts be focused.

This article will be devoted to factor number 4, that one must not be distracted by bodily needs. This means that it is prohibited to daven when feeling an urge to relieve oneself. Chazal derive this requirement from several biblical sources. One verse reads hikon likras Elokecha, Yisroel, “Prepare yourself, Israel, when you approach your G-d” (Amos 4:12). Of course, that verse does not specify what type of preparation is necessary. According to the midrash, another verse, Shemor raglecha ka’asher teileich el beis HaElokim, “Pay attention to your legs when you walk into the House of G-d” (Koheles 4:17), serves as an allusion to this specific type of preparation.

The Gemara background

The passage of Gemara that provides the background to this discussion reads as follows: “One who needs to relieve himself may not pray, and if he did pray, it is an abomination” (Brochos 23a). The fact that the Gemara calls this prayer an “abomination” teaches that one who prayed when he needed to relieve himself is required to pray again (Kesef Mishneh, Hilchos Tefillah 4:10; see also Shulchan Aruch, Orach Chayim 92:1). In this situation, the brochos of the tefillah are considered brochos levatalah, brochos recited in vain (Biur Halachah 92:1, s.v. Hayah).

In general, when one needs to relieve himself, it is prohibited to wait unnecessarily. We will continue the discussion on this point shortly.

When is the prayer invalid?

The Gemara explains that a prayer recited when one senses an urge to relieve oneself is not always invalid. This depends on how strong the need was to relieve oneself at the time that he prayed. The Gemara rules that if he could have waited for a parsah, then he has fulfilled his obligation to pray. However, if he davened knowing that he would not be able to wait this long, the davening is invalid and must be repeated, since it is considered an abomination.

How long is a parsah?

A parsah is a distance of 8000 amos, approximately 2½ to 3 miles, and the Gemara means the amount of time it takes to walk a parsah. The authorities dispute how much time this is, some ruling that it is an hour (Bach, Orach Chayim 92), whereas most authorities consider it longer. Some opinions consider it as long as 96 minutes. The consensus of the late authorities is that if one would not have been able to wait for 72 minutes, the prayer is invalid (Aruch Hashulchan 92:2; Mishnah Berurah 92:3).

Milder needs

What is the halachah if someone feels a mild urge to use the facilities – meaning that he knows that he could wait more than 72 minutes? Is he permitted to pray?

We find a dispute among the rishonim whether, under these circumstances, one is permitted to pray, the Rif and Rashi contending that one may, whereas most authorities rule that it is still not appropriate to daven without first relieving oneself (Rambam, Rosh, Rabbeinu Yonah, Tur and Shulchan Aruch). This dispute appears to depend on two variant texts of the passage of Gemara involved. (However, we should note that the Aruch Hashulchan proposes a completely different way to understand this topic, and he concludes that all rishonim prohibit davening when one feels any urge.)

The Rambam codifies this requirement as follows:

“One who needs to relieve himself may not pray. Furthermore, one who needs to relieve himself and prays, the prayer is an abomination, and upon relieving himself, he must pray again. However, if he could hold himself the amount of time it takes to walk a parsah, his tefillah is acceptable, after the fact. In any instance, one should not daven without first checking oneself very carefully. He should also remove any mucous and phlegm and anything else that distracts him, and only then pray” (Rambam, Hilchos Tefillah 4:10).

Type of need

There is a dispute among the authorities whether the requirement to daven again is only when one needed to defecate, or also when one needed to urinate. The Magen Avraham, the Chayei Odom and the Aruch Hashulchan are lenient, ruling that even if the need was intense, one is not required to repeat the davening if one needed only to urinate, whereas the Elyah Rabbah and the Derech Hachayim require one to daven again. When the Mishnah Berurah records this dispute (Mishnah Berurah 92:2), he writes that he is unable to render a decision as to which position is correct, since both sides have early sources that follow their opinion (Biur Halachah, 92:1, s.v. Vetzarich).

Should he miss tefillah betzibur?

What is the halachah if someone has a minor urge to use the facilities, and he will certainly be able to wait longer than a parsah: may he postpone relieving himself in order to be able to daven together with a minyan?

The conclusion is that even though the prayer would be valid after the fact, he should not pray until he has had a chance to relieve himself.

Should he miss praying altogether?

Let us assume that the latest time to daven is approaching, and, if our individual relieves himself, he may miss davening altogether. Is he permitted to daven, even though he feels a mild urge to relieve himself, or does the requirement to use the facilities before davening require that he miss davening?

There is a dispute among the early acharonim as to what one should do. According to the Bach, he may not daven when he needs to use the facilities, even when this means that he will miss davening as a result.

However, according to the Magen Avraham, this depends on how severe the need is to use the facilities. If it is strong enough that he feels that he will not be able to wait until a parsah, he cannot pray. However, if the need is not that great, the Magen Avraham rules that one can rely on the Rif that one may daven. The Mishnah Berurah concludes in accordance with the Magen Avraham.

Make-up

Under the circumstances in which he was not permitted to daven, he would be required to make up the prayer, called tefillas tashlumim. This means that immediately after davening the next shemoneh esrei, after taking three steps backward at the end of the prayer, he waits for a few seconds, then steps forward and recites the shemoneh esrei again, as a makeup for the missed prayer.

What parts of prayer?

Until now, the rules that we have been describing apply to the shemoneh esrei. How do these rules apply regarding the other parts of prayer and regarding other brochos or learning Torah?

The laws regarding all these other Torah and tefillah activities are as follows: If one is in the middle of reciting brochos or tefillos other than shemoneh esrei and he has an urge, but he knows that he can wait a parsah, he may continue and complete the section of davening in which he is holding and then relieve himself (Shu”t Harashba, Volume 1, #131; Mishnah Berurah 92:9). However, he should not continue the next section of davening without first relieving himself. Therefore, if this happens during pesukei dezimra, he may continue until the end of yishtabach and then relieve himself. However, he is required to relieve himself before he answers borchu, since this begins the next section of davening (Shoneh Halachos). If this happens during the brochos surrounding the Shma, he could continue davening before he relieves himself, but he cannot start shemoneh esrei without first relieving himself. However, in this instance, he should not wait until he completes the brocha of ga’al yisroel, since ga’al yisroel should be recited immediately before beginning shemoneh esrei (this is called semichas geulah litefilah). Instead, he should relieve himself beforehand, so that he can complete the brocha of ga’al yisroel and begin shemoneh esrei immediately (Mishnah Berurah 92:9).

In this last instance, he should not recite the brocha Asher Yatzar until completing the shemoneh esrei. Whether one can recite the brocha of Asher Yatzar in the middle of pesukei dezimra or not is a dispute among the late authorities, which we will leave for a different time.

What is considered a new topic?

All of hallel, all of the megillah or all of bensching are each considered one unit. Therefore, someone who was in the middle of any one of them and began to feel an urge may complete them first. However, the haftarah is considered a new unit after keriyas hatorah (Biur Halachah 92:2, s.v. Korei). Therefore, someone who felt an urge during keriyas hatorah may wait until it is complete, but should attend to his need prior to the beginning of the haftarah.

In all of these instances, if the urge is great enough that he could not wait a parsah, he should not recite any brochos or tefillos. However, according to most authorites, someone who recited a brocha or a tefillah when he could not wait a parsah does not need to repeat them, although it was prohibited for him to recite them (Milchemes Hashem, on Rif Brochos page 16a; Pri Megadim, Introduction to Mishbetzos Zahav, Orach Chayim, Chapter 92; Mishnah Berurah 92:7; Biur Halachah 92:1, s.v. Afilu; however, the Lechem Yehudah, cited by Biur Halachah ad locum, rules that one did not fulfill the requirement and needs to recite the prayer or brocha again.)

Ahavah Rabbah

At this point, we can address the first of our opening questions, from Brocha Rishonah: “In the middle of reciting the brocha of Ahavah Rabbah, I feel a mild need to use the bathroom. Must I stop davening immediately, or can I delay using the bathroom and finish davening first?”

Based on the information that we now have, we can analyze the details and provide Brocha with an answer.

Brocha may not begin shemoneh esrei until she uses the facilities. However, since this is only a minor need and also because her question is germane to the brochos surrounding Shma, she is permitted to continue davening and to complete Shma and its brochos before she does so. However, if she completes the prayer up to Boruch Atta Hashem Ga’al Yisroel, she will create a problem, in that she will not be able to recite shemoneh esrei immediately after completing that brocha. Therefore, she should take care of matters sometime between where she is now in davening and before she recites the words Tzur Yisroel. She should not recite Asher Yatzar until after she completes shemoneh esrei.

If she felt this need during pesukei dezimra, she should relieve herself some time before she begins reciting the brochos of Shma, meaning the brocha that begins with the words Boruch Ata Hashem Elokeinu Melech ha’olam yotzeir or uvorei choshech. If she is in shul, she should take care of it before she answers borchu.

Are there any differences between men and women regarding these halachos?

No , there are no differences between men and women.

Learning and teaching Torah

If one has a great urge to relieve oneself, not only is it forbidden to pray, but it is also forbidden to learn Torah (Rema, Orach Chayim 92:1).

Public teaching

Someone who is in the middle of teaching a class or giving a public lecture who feels a need to relieve himself may finish the class he is teaching before doing so (Mishnah Berurah 92:7). Similarly, the baal keri’ah who feels such a need in the middle of the reading may complete it before relieving himself (Biur Halachah 92:1, s.v. Hayah). The reason is because we have a general halachic principle that kavod haberiyos, human dignity, supersedes a rabbinic prohibition, and the prohibition of teaching Torah when he needs to relieve himself is only miderabbanan (Magen Avraham 92:3).

The Baal Keri’ah

At this point, we can answer one of our opening questions: “I am a baal keri’ah. It occasionally happens that while I am leining, I realize that I need to use the facilities. May I continue leining until I have finished reading?”

The answer is that, based on the above, he may.

What about a Chazzan?

The later authorities are lenient, ruling that if the chazzan completed his personal shemoneh esrei and has a minor need to use the facilities, he may repeat the shemoneh esrei without first using them. The reason for this lenience is that the requirement to use the facilities is rabbinic, and the concept of kavod habriyos supersedes it (Brochos 19b). An additional reason that one may be lenient in this instance is because of the opinion of the Rif, mentioned above, that one who can wait for a parsah may daven lechatchilah. Although we do not usually follow the Rif’s minority opinion, under extenuating circumstances, one can rely upon it (Biur Halachah 92:1 s.v. Hayah).

Cantorial quandary

Back to our third question:

Mr. Fine Cantor calls me. “I just found out that one may not pray when one has a minor urinary urge, which for me is quite common. I often have such a need prior to repeating the chazaras hashatz. It is rather embarrassing for me to leave the shul prior to beginning the repetition. What do I do?”

Since Mr. Cantor is embarrassed to exit to use the facilities during the time that he is leading the davening, he may delay doing so until he finishes the davening. However, this is true only if his need is mild enough that he feels he can wait 72 minutes. If he feels that he cannot wait this long, he has no choice but to use the facilities, since, otherwise, he will not fulfill the mitzvah of davening, and his brochos will be in vain.

Caught in the middle

What is the law if someone is in the middle of the shemoneh esrei and he feels an urge to relieve himself? Should he interrupt the prayer to do so?

The halachah is that he should try to wait until he completes the tefillah and not interrupt the shemoneh esrei (Shu”t Harashba Volume 1, #131; Shulchan Aruch, Orach Chayim 92:2). However, he should not answer kedushah if his need is great, since this constitutes a new section of davening (Shoneh Halachos).

If his need to relieve himself is very great, he should go, even though he is in the middle of davening. When one needs to relieve himself, it is prohibited to wait unnecessarily. This prohibition is referred to as bal teshaketzu.

Must he repeat?

If someone needed to relieve himself in the middle of the shemoneh esrei, when he returns, does he continue the tefillah from where he was, or does he start it over again from the beginning?

Whether or not he returns to the beginning depends on the following:

Should his delay have been long enough that he could have recited the entire shemoneh esrei, then he is required to begin again from the beginning of the shemoneh esrei. If his delay was shorter, then he returns to the point where he interrupted his prayer.

In either instance, one should not talk during this interruption, and one should not recite Asher Yatzar until after he finishes the shemoneh esrei.

Men or women?

Are there any differences between men and women regarding these halachos?

No. Although I have been using male gender for this entire article, there are no differences between men and women.

Conclusion

The Rambam (Hilchos Yesodei Hatorah 2:3) explains that angels are made of a different type of matter than we are. They have no physical body, and Hashem made them in such a way that they have spiritual aspects and no true material appearance. This is why they can, at times, assume different forms. It is also a factor in their having no physical needs, and why they do not have free choice. Man was created by Hashem as the only creation that has free choice. Therefore, our serving Hashem and our davening is unique in the entire spectrum of creation.

Understanding how much concern Chazal placed in the seemingly minor aspects of davening should make us more aware of the fact that davening is our attempt at building a relationship with Hashem. As the Kuzari notes, every day should have three very high points — the three times that we daven. We should gain our strength and inspiration for the rest of the day from these three prayers.

 

Where Should I Pray

Certainly, both Bilaam’s desire to destroy the shullen of the Jews, and Pinchas’s praying that the plague end (see Tehillim 106:30), makes this a befitting week to discuss:

Where Should I Pray

Question #1: My Shul or my Minyan?

“Is it more important to daven with a minyan or to daven in shul?”

Question #2: Minyan-less

“I work nights, and by the time I am finished in the morning, there is no minyan with which I can daven. There is a shul near my workplace, but no minyan that accommodates my schedule. Should I go there to daven bi’yechidus?”

Question #3: The Shul I Don’t Attend

“From a halachic perspective, does it make any difference in which shul I daven?”

Question #4: Davening Privately

Davening with a minyan disturbs my learning schedule. May I therefore daven bi’yechidus?”

Introduction

As we will soon see, there are many halachos that determine the preferred location for prayer. Among other issues, I will be discussing the following questions:

What constitutes davening with a minyan?

Should one pray in a shul even when there is no minyan?

Is there a preference as to which shul one should attend?

With a minyan

The Gemara and authorities laud the advantages of praying with a minyan:

“The Holy One, blessed is He, said: ‘Whoever is involved in Torah and chesed and prays with the tzibur, I treat him as if he redeemed Me and My children from the nations of the earth’” (Brachos 8a).

“The prayers of the community are always listened to. Even when there are sinners among them, the prayers of the community are never viewed by Hashem with disfavor. Therefore, a person should always join with the community, and he should not pray by himself any time that he can pray with the tzibur. A person should always wake up early and go to shul, and should always attend shul in the evening, because prayer is not heard at all times, except when recited in a shul. One who has a shul in his city but does not daven there is called a bad neighbor” (Rambam, Hilchos Tefillah 8:1).

Segulah for longevity

In the merit of praying daily with a minyan, there is a segulah for living a long productive life, as we see from the following passage of Gemara:

They told Rabbi Yochanan: “There are old men in Bavel.” He responded with astonishment, noting that the Torah promises longevity only for those who keep the Torah carefully while living in Eretz Yisroel, but not for those who live in chutz la’aretz, including Bavel. When they told Rabbi Yochanan that these older people were wont to come to shul early and to stay late, he understood that they lived long in the merit of this mitzvah (Brachos 8a).

What constitutes tefillah betzibur?

Davening with a minyan means that one begins the shemoneh esrei at the same time that the tzibur does (Mishnah Berurah 90:28). One who arrives in shul late and therefore begins shemoneh esrei later than the minyan does, fulfills the mitzvah of davening in shul, but does not fulfill the mitzvah of davening with a minyan. If possible, he should attend a later minyan, in order to fulfill the mitzvah of davening with a minyan and in order to make sure that his prayers are heard.

Conflicts with my learning

Someone whose learning will be disturbed by his attending regular minyanim is still required to daven with a minyan (Shu”t Igros Moshe, Orach Chayim 2:27; cf., however, Eimek Brocha, page 7). In the above responsum, Rav Moshe Feinstein does recognize one exception to this rule: Someone who learns in a place where there is no minyan davening is not required to interrupt his learning in order to daven at the same time as a minyan. This ruling will be explained shortly.

How far?

How far is someone required to travel in order to be able to daven with a minyan? This depends on whether he is at home or on the road. If he is at home, he is required to travel at least up to 18-24 minutes in order to be able to daven with a minyan (see Pri Chodosh, Orach Chayim 163:28 and Biur Halachah ad locum s.v. berichuk; however, cf. Pischei Teshuvah, Yoreh Deah 112:6, quoting Shu”t Beis Yaakov #35, who rules more leniently.) In his above-referenced responsum, Rav Moshe suggests that one might be required to travel even more than this to join a minyan.

I wrote 18-24 minutes because of a dispute among early halachic authorities. This dispute is dependent on how one understands a passage of Gemara (Pesachim 95), and discussing these details is beyond the scope of our current article.

On the road

If someone is on the road and there is a minyan that is not in the direction that he is going, he is required to travel up to 18-24 minutes out of his way in order to daven with a minyan (see Pesachim 46a, as explained by Rashi and Shulchan Aruch Orach Chayim 90:16). On the other hand, if he is traveling and knows that there is a minyan ahead of him, such that traveling to attend the minyan does not take him out of his way, then the halachah is more stringent. He is required to travel up to 72-96 minutes in order to participate in a minyan.

Davening at the time of the tzibur

If someone cannot daven together with a minyan, there is a halachic preference to daven at the same time that the tzibur davens, even though the individual is not davening in the same place where the tzibur is located. In other words, although his prayer will not qualify as tefillah betzibur, the fact that the tzibur is davening at the same time as this individual assists the acceptance of his tefillah. When someone davens with the tzibur, his prayer is always heard, even when his kavanah is subpar. (Of course, the better his kavanah, the more the tefillah is heard and responded to.) Davening at the same time as the tzibur, but in a different place, is considered to be on a somewhat lower level (Tosafos, Avodah Zarah 4b s.v. keivan; see also Machatzis Hashekel 90:17, quoting Shelah Hakodesh).

Rabbi Yitzchak and Rav Nachman

In this context, we are going to eavesdrop on a conversation that transpired between two great gedolim of the time of the Gemara, the great amora’im, Rabbi Yitzchak and Rav Nachman. (Both of these scholars were so well-known that they are usually referred to by their first names. Rav Nachman’s full name was actually Rav Nachman bar Yaakov [Tosafos, Bava Basra 46b s.v. Shalach], and the Rabbi Yitzchak referred to was probably Rabbi Yitzchak bar Pinchas [see Taanis 5a], but it might have been Rabbi Yitzchak bar Acha [see Brachos 27a and Rashi, Pesachim 114a].)

The conversation

Rabbi Yitzchak said to Rav Nachman: “Why did the master not come to shul to pray?” Rav Nachman replied, “I was unable.” Rabbi Yitzchak said to him: “Then you should have gathered ten people with whom to daven.” Rav Nachman responded that he found this difficult to arrange (tericha li milsa). Rabbi Yitzchak then advised, “The master should have instructed the sheliach tzibur to inform him when the tzibur is davening.” To this, Rav Nachman replied, “Is this so important?” Rabbi Yitzchak then quoted Rabbi Yochanan who, in turn, had cited Rabbi Shimon ben Yochai about the importance of davening at the time when the tzibur davens (Brachos 7b-8a).

This passage of Gemara teaches that the highest priority is to daven with a minyan in shul. The second choice, when one cannot daven with a minyan in shul, is to daven with a minyan that is not meeting in shul. Although there are advantages to the minyan in shul (see Mirkeves Hamishneh, Hilchos Tefillah, Chapter 8), davening with a minyan outside of shul is far preferred to davening without a minyan.

The third choice, when one cannot daven with a minyan at all, is to daven at the time that the minyan is davening in shul. The Rema (Orach Chayim 90:9) mentions that those who live in a place where there is no daily minyan should daven at the time that the tzibur davens. This demonstrates that the advantage of davening at the time that the tzibur davens is not limited to a tzibur that is within walking distance. The same rule is true for someone who is traveling – he should try to daven at the time that the tzibur is davening (Magen Avraham ad locum).

Exceptions

The Shelah Hakodesh mentions that there is an exception to this rule, meaning that there is a situation where one must daven bi’yechidus, and he should not daven at the time that the minyan is davening. If the minyan is davening maariv before it is fully dark, he should not daven at the same time that they are, since they have a heter to daven before it gets dark, but he does not. In this instance, he should wait until tzeis hakochavim, definite nightfall, before he davens (quoted by Magen Avraham).

Other poskim mention another instance in which one is not required to daven at the same time that the tzibur does, but can daven when it is convenient for him. If the tzibur davens shacharis later than he would like to, and he wants to be able to begin learning, he may daven before they do, in order to be able to begin his uninterrupted learning afterwards (Be’er Heiteiv). This ruling teaches that there is a difference between davening with a minyan and davening at the time that the minyan davens. As we mentioned before, the requirement to daven with a minyan supersedes his own desire to daven at a time that accommodates his own learning schedule. However, assuming that one cannot daven with the minyan anyway, but could, in theory, daven at the time that the minyan davens, he is not required to daven at their time, when his learning schedule is better accommodated in a different way.

Arranging a minyan

The Gemara mentioned that Rav Nachman did not arrange his own minyan because tericha milsa, it was difficult to arrange. Had it not been difficult to arrange, he certainly would have arranged a minyan. Thus, the halachah is that if someone cannot make it to the shul’s minyan, he is required to arrange his own minyan, unless it is a tircha to do so.

Tircha for whom?

What does it mean that it is a tircha to arrange the minyan? The Machatzis Hashekel cites a dispute among the rishonim whether this means that it is a tircha for the individual who cannot come to shul to make the arrangements that he have a minyan, or that the concern is that it is a tircha for the people to assemble especially for him (Semag). There would be an interesting difference in practical halachah that results from this dispute. According to the first opinion, in the days of Rav Nachman this would have required someone to go door to door or to look in the street for people to form a minyan for him. Today, when one could let one’s fingers do the walking, it would presumably not be considered a tircha to arrange a minyan. On the other hand, according to the second opinion, asking people to come especially to your house to form a minyan certainly involves a tircha for them. By the way, the words of our text of the Gemara, tericha li milsa, imply the first way of understanding the topic. Either way, someone who has this question should refer it to his rav or posek.

In shul

Until now, we have discussed davening either with a minyan or at the same time as a minyan davens. Aside from the importance of tefillah betzibur, it is also important to daven in shul, even when there is no minyan there. The Gemara (Brachos 6a) teaches: “Abba Binyamin says ‘a person’s prayers are answered only in shul, as the verse states, lishmo’a el harinah ve’el hatefillah,to hear the song and the prayer” (Melachim I 8:28). As Rashi explains, rinah means prayers in shul where the community as a whole recites praises of Hashem with beautiful song.

This statement of the Gemara surfaces another time in mesechta Brachos (8a), in this occasion in the name of Rabbi Yochanan, and it is quoted in the halachic works of the three major early halachic authorities, the Rif, the Rambam and the Rosh and by all later poskim. When the Tur (Orach Chayim 90) quotes this halachah, he states that a person should always daven in a shul with a minyan. However, Rabbeinu Yonah cites, in the name of the Geonim, that even if he needs to daven at a time when there is no minyan, he should still daven in a shul, since it is a place designated for the public to daven (Beis Yosef).

The Shulchan Aruch combines the conclusions of the last two discussions as follows: “A person should always try to daven in shul with a minyan. If an extenuating circumstance prevents his attending shul, then he should daven at the time that the tzibur does. And if this is also not possible and he must daven by himself, he should still daven in a shul.” (Orach Chayim 90:9). The Magen Avraham cites illness or weakness as reasons why someone missed the minyan in shul. He also notes that it is preferable to daven with a minyan at home, rather than daven at the time the tzibur is davening, but without a minyan. Again, this is based on the Gemara that we saw above.

Beis midrash versus shul

The Gemara teaches that the great scholars, Rav Ami and Rav Asi, davened in the place where they studied Torah, notwithstanding the fact that there were thirty shullen in their city (Brachos 8a, 30b). Thus, we see that davening in the beis midrash where one usually learns is more valuable than davening in shul. Among the early halachic authorities, we find two interpretations of this practice.

  • Rabbeinu Yonah explains that someone whose full time occupation is studying Torah (toraso umnaso) should daven in a beis midrash rather than in a shul, even at the expense of not being able to daven with a minyan. Alternatively, since he spends his entire day learning in one place without interruption, he should not waste potential learning time by leaving his home for shul (Beis Yosef, Orach Chayim, Chapter 90).
  • The Rambam disagrees and rules that he should daven with a minyan. According to his understanding, it appears that the Gemara is teaching that a Torah scholar should daven in a beis midrash with a minyan, and does not need to attend the shul’s minyan. The Rosh follows a similar approach, concluding that the Torah scholar who would not have a minyan where he learns should go to shul to daven for several reasons, including that others will learn from his example and not daven with a minyan (Shu”t HaRosh, cited by Tur Orach Chayim chapter 90).

Choosing between shuls

When one has a choice of shullen in which to daven, does halachah provide a priority as to which one he should choose? Indeed it does, mentioning three rules to follow.

Regular shul

One should preferably have a shul which one attends regularly (Mishnah Berurah 90:28).

Farther shul

Rabbi Yochanan said that he learned from a widow how one should earn reward for mitzvos by walking a greater distance. She would come daily from a different neighborhood to pray in the beis midrash of Rabbi Yochanan (obviously, in the women’s section). Rabbi Yochanan asked her, rhetorically, “Is there no shul in your neighborhood?” to which she answered, “Do I not get extra reward for walking to the farther shul?” (Sotah 22a). We find that Rabbi Yochanan reiterated this lesson in a different passage of Gemara, where he ruled that it is not an advantage to live next to a shul, since one thereby loses the merit of walking a greater distance to shul (Bava Metzia 107a). From both passages, we see that one should try to daven at a shul that involves a farther walk, in order to gain extra merit.

Larger minyan

The halachah is recorded that one should daven in the shul where more people are attending davening (Mishnah Berurah 90:28). This is because of the concept called Berov am hadras Melech (Mishlei 14:28): the more people that participate in a mitzvah, the greater is the honor for Hashem.

Conclusion

The power of tefillah is very great. Through tefillah one can save lives, bring people closer to Hashem and overturn harsh decrees. We have to believe in this power. One should not think, “Who am I to daven to Hashem?” Rather, we must continually drive home the concept that Hashem wants our tefillos and He listens to them! Man was created by Hashem as the only creation that has free choice. Therefore, our serving Hashem and our davening is unique in the entire spectrum of creation.

Understanding how much concern Chazal placed in the relatively minor aspects of davening should make us even more aware of the fact that davening is our attempt at building a relationship with Hashem. As the Kuzari notes, every day should have three very high points — the three times that we daven. Certainly, one should do whatever one can to make sure to pay attention to the meaning of the words of one’s Tefillah. We should gain our strength and inspiration for the rest of the day from these three prayers. Let us hope that Hashem will accept our tefillos together with those of Klal Yisrael!

 

To Repeat or not to Repeat?

Question #1: Shul Feud

“There is an ongoing dispute in my shul between the baal keri’ah, who is not particularly careful how he accents words, and the gabbai, who periodically insists that the baal keri’ah reread a word because it was accented wrongly. Who is correct?”

Question #2: Reading, Righting…

“Since the Torah prohibits humiliating someone, and particularly in public, why do we correct a baal keri’ah who errs during the reading? Isn’t this embarrassing someone in public?”

Question #3: Monday Morning Quarterback

“We finished the keri’as haTorah and now realize that the baal keri’ah misread a word. What do we do?”

Answer:

Anyone who is the shaliach tzibur for the public, either to fulfill the mitzvah of reading the Torah (the baal keri’ah) or to lead services as the chazzan or baal tefilah, must be alert to recite everything correctly. This includes reading and accenting each word properly, being careful not to run words together, reading the passages so that their implication is correct, and understanding their connotation. A person unable to prepare the reading properly should decline the honor and defer to someone who can recite it acceptably. The only excuse for a chazzan or baal keri’ah not being appropriately prepared is that there is no one else available to read the Torah and he does not have the ability to prepare it properly (Terumas Hadeshen 2:181). The halachic discussion germane to the last circumstance is a topic for a different time.

Correcting errors

What is the halachah if a baal keri’ah misread part of the reading? Are we required to correct him so that we hear an accurate rendition? On the one hand, the Torah is very adamant about not embarrassing a person, and more particularly so in public. On the other hand, distorting a passage of the Torah is a serious offense. (See Yam shel Shlomoh, Bava Kama 4:9, who explains how strict we must be.) Thus, if someone read inaccurately, the entire tzibur failed to observe the mitzvah of reading the Torah.

Indeed, whether one should correct an errant baal keri’ah is a dispute among the rishonim, some contending that one is required to ignore the error, because correcting the baal keri’ah embarrasses him in public. Tosafos (Avodah Zarah 22b s.v. Rigla) quotes a midrash that someone reading the Torah who skipped a syllable, thereby saying ‘Haron’ instead of ‘Aharon,’ has fulfilled his requirement to read the Torah — we do not correct the misreading, even though the letter aleph was skipped. This midrash is quoted also by several other rishonim (Hagahos Ashri, Shabbos 6:13; Sefer Hamanhig, Laws of Shabbos). (I was unable to locate this midrash as the rishonim quote it. Presumably, the manuscript source of this Chazal has been lost or distorted during the intervening centuries.)

On the other hand, the Talmud Yerushalmi (Megillah 4:5) states that one is required to correct a baal keri’ah who errs in his reading: “Rabbi Chinina, the son of Andrei, quoted Rabbi Zakai of Kabul: ‘If someone erred and read the wrong word during the reading of the Torah, we have him reread the passage correctly.’ Rabbi Yirmiya said to Rabbi Zeira: ‘Do we indeed follow this practice [despite the fact that it involves embarrassing a person in public]?’ Rabbi Zeira replied: ‘We correct even a more minor error, such as if he had omitted the letter vav.’”

We see that it was an early dispute among Chazal whether the community’s hearing a meticulously accurate reading is more essential, or whether embarrassing the baal keri’ah is more of a concern. (However, we will soon see an alternative way to resolve the seemingly incompatible passages of the midrash and the Yerushalmi.)

Among the rishonim, we find that Tosafos and the Baal Hamanhig quote the midrash that one should not correct an error, notwithstanding the fact that the Talmud Yerushalmi disagrees. On the other hand, the Rambam (Hilchos Tefillah 12:6) rules in accordance with the Yerushalmi, that a reader’s error cannot be left uncorrected.

Is there a resolution?

Can we possibly resolve the two statements, the midrash and the Yerushalmi, so that they do not clash?

The Beis Yosef, quoting the Mahari ibn Chabib, provides an answer to resolve the conflict: The midrash is discussing a case where the inaccuracy does not affect the sense of the passage, whereas the Yerushalmi refers to a situation in which the error does change its meaning. According to this approach, all agree that one must correct any inaccurate reading in which the meaning of the passage is distorted.

How do we rule?

When the author of Beis Yosef records his decision in the Shulchan Aruch (Orach Chayim 142:1), he states very succinctly: “One who read and erred, even in a detail regarding only one letter, must repeat the reading.” The early acharonim dispute to what extent the Shulchan Aruch ruled this way: The Rema contends that the Shulchan Aruch’s conclusion requires rereading only when the error changed the meaning of the passage, whereas the Pri Chodosh rules that one must reread, even when the blunder did not alter the meaning (Chayei Odom 31:31). According to the latter opinion, although the Beis Yosef had quoted the Mahari ibn Chabib’s resolution of the conflict between the midrash and the Yerushalmi, in Shulchan Aruch he agreed with the more obvious way of understanding the Rambam and the Yerushalmi, which concluded that any inaccuracy must be corrected.

Most late authorities rule, in agreement with the Rema, that we reread only when the meaning was changed by the error (Mishnah Berurah 142:4; Bi’ur Halachah 142:1 s.v. Ein). We also correct someone who skipped an entire word, even if the passage’s meaning does not change as a result (Bi’ur Halachah 142:1 s.v. Aval).

Common error

I have heard people assume that certain types of errors, such as where one accents the word and how one chants a passage of the reading (called the taamei hamikra or the trop), never require repeating. This assumption is halachically inaccurate. Many times these errors affect the meaning of the verse. An error in the “trop” or in accenting the wrong syllable may change the meaning of the passage and invalidate the reading, as I will now explain.

Taamei hamikra

The Torah is read with a specific tune, determined by certain note symbols on each word. In Yiddish, these notes are called the trop and in Hebrew they are usually called either taamei hamikra or taam hanikud. Which notes apply to each word in Tanach is a halachah leMoshe miSinai (Chayei Odom  31:31). Although most people think that these notes affect only how the Torah reading is chanted, this is not accurate, since the meaning of the Torah is often affected by the taamei hamikra.

One can divide all the taamei hamikra into two general categories, called in Hebrew mesharsim, servants, and mafsikim, stops. Just as in English, the meaning of a sentence depends on where one puts commas and the period, so, too, in Tanach, the meaning of a passage depends on the punctuation, which, in this case, are the mafsikim. The mesharsim are on words where one should not stop. The Mishnah Berurah (142:4), quoting the Shulchan Atzei Shittim, rules that misreading the taamei hamikra in a way that changes the meaning requires that the passage be reread acceptably.

Here is an example. When Pharaoh instructed Yosef about his family’s accommodations, he told Yosef to settle them in the best area of Egypt — Goshen. However, understanding Pharaoh’s instructions to Yosef depends on how you read the pasuk. Reading the verse according to the taamei hamikra, it states: “In the best of the land settle your father and your brothers. They should live in the land of Goshen (Bereishis 47:6).” This means that the land of Goshen is, indeed, the best part of Mitzrayim, and that all of Yosef’s family should move there. However, reading the verse without concern about the taamei hamikra could result in the following: “In the best of the land settle your father. And your brothers should live in the land of Goshen.” This would mean that Yaakov was directed to choose the best part of Mitzrayim, whereas the brothers were assigned Goshen, which may not have been the best part. This misreading is a falsification of Torah. According to halachah, if the passage was read without proper respect for the taamim, such that it would now be “stopped,” or punctuated this way, the passage must be reread.

Stop sign

It is important to note that not only should one be careful to read according to the taamei hamikra, but that one must also be careful to follow the rules of mafsikim and mesharsim, meaning to pause slightly at all mafsikim and not to pause at mesharsim. In some well-meaning communities, it is rather common that baalei keri’ah read as quickly as they can and not make any noticeable stops, until they need to pause for breath. It is possible that this approach does not fulfill the mitzvah of keri’as haTorah, because the reader may stop for breath at inappropriate places and not pause at the correct ones.

Wrongly accented

As I mentioned above, many people are under the mistaken impression that how one accents the words while reciting the Torah or the prayers is not a serious concern. However, emphasizing the wrong syllable may change the meaning of a word, with the result that one does not fulfill the mitzvah of keri’as haTorah. This requires a brief explanation of some of the rules of correct Hebrew diction.

Accenting the wrong syllable

In correctly pronounced Hebrew, all words are accented either on the last syllable of the word, called mi’lera¸ or on the next to last syllable, called mi’le’eil. The word mi’lera is the Aramaic translation of the Hebrew mitachas, meaning below or later (see, for example, Targum Onkelos, Bereishis 35:8, 49:25 and Shemos 2:3), whereas mi’le’eil means above.

In most instances, accenting the wrong syllable does not create a word that changes the intended meaning. Although the word was mispronounced, since the error does not create a new meaning, one does not need to reread the word. However, there are occasions in which a word has two distinctly different meanings, depending on whether it is pronounced mi’lera or mi’le’eil. In these instances, accenting the wrong syllable changes the meaning, and, as a result, one has not fulfilled the mitzvah in his reading. In such cases, the baal keri’ah has prevented the entire tzibur from fulfilling the mitzvah of reading the Torah.

For example, the word ba’ah changes its meaning depending on which syllable is accented. Accented on the first syllable, the word is past tense, meaning she has come, whereas, inflected on the second syllable it is present tense, meaning she is coming. Thus, the meaning of the two pesukim in parshas Vayeitzei, Perek 29, pesukim 6 and 9, changes, if one accents the words incorrectly, as Rashi notes there.

Here is a far more common error. In the mitzvah that we fulfill twice each day, reading the Shma, we read a sentence, ve’ahavta es Hashem elokecha bechol levavcha uvechol nafshecha uvechol me’odecha. Following the rules of Hebrew grammar, the word ve’ahavta has two different meanings, depending on whether it is accented on the last syllable, ta, or on the previous syllable, hav. When accented on ta, as is required when reciting Shma and reading keri’as haTorah, the passage means “and you shall love Hashem, your G-d, with all your heart, with all your soul and with all your abilities.” However, accenting the word on hav distorts its meaning to “you have loved Hashem your G-d with all your heart, with all your soul and with all your abilities.”

Similarly, the word vedibarta, two pesukim later in Shma, changes meaning when not accented on the last syllable. Accenting the word on the middle syllable, bar, changes its meaning to “and you spoke to them [the words of Torah],” rather than “and you shall speak it to them.” Again, one wrong accent, and one does not fulfill the mitzvah.

Shul feud

At this point, we can address our opening question:

“There is an ongoing dispute in my shul between the baal keri’ah, who is not particularly careful how he accents words, and the gabbai, who periodically insists that the baal keri’ah reread a word because it was accented wrongly. Who is correct?”

The halachah is that the baal keri’ah is required to learn the rules for properly accenting Hebrew, and he must also be careful how he reads the passages. There are certainly places where accenting the word on the wrong syllable changes its meaning. In these instances, one who misread the passage must read it over correctly.

Taking out the Torah again

At this point, let us examine the third question above:

“We finished the keri’as haTorah and now realize that the baal keri’ah misread a word. What do we do?”

If the reader misread a word in a way that one did not fulfill the mitzvah, we noted above that one is required to reread the passage. Does this halachah change if one has already completed the Torah reading and returned the sefer Torah to the aron kodesh?

Let us examine some background to this question.

Mesechta Sofrim (11:6) teaches the following: Someone who skipped a pasuk during keri’as haTorah, but nevertheless read ten pesukim correctly does not return to keri’as haTorah. If the original keri’as haTorah was exactly ten pesukim, then he is required to return. When do we follow this approach? On weekdays and mincha of Shabbos… However, if he forgot a pasuk during the main Shabbos reading, he must return to the keri’as haTorah, even if, in the interim, they recited the haftarah and davened Musaf.”

We see that one who missed part of keri’as haTorah on Shabbos morning must take out the sefer Torah again to read the missing passage. One is not required to do so if one missed part of the reading on Monday, Thursday or at Shabbos mincha, provided that one read enough to fulfill the minimum mitzvah on those days, which is to call up three people, each of whom reads at least three pesukim, and to read in total at least ten pesukim.

How much must I reread?

In a situation where one is required to take out the sefer Torah again, how much of the reading must be repeated? Again, Mesechta Sofrim comes to our rescue, where it says (21:7): If he skipped a pasuk and said kaddish, he must reopen the sefer Torah, recite a brochah, read [a pasuk] and two others.” Based on this quotation of Mesechta Sofrim, the Shulchan Aruch (Orach Chayim 137:3; 282:7) rules that if, on Shabbos, the baal keri’ah skipped a pasuk of the reading, and now the reading has been completed, the sefer Torah returned to its place, and musaf has been davened, one must take out the sefer Torah again to read the omitted verse. Since Chazal required that one may not read an aliyah of less than three pesukim, this means that the requirement will be to read three pesukim, including the previously omitted pasuk. The Mishnah Berurah (282:35) notes that this same halachah is true if one omitted a word of the reading. Since one has missed an essential part of the reading, one must take out a sefer Torah and read three consecutive pesukim, one of which includes the word that was previously missed. The Mishnah Berurah rules this way, also, if one misread part of a word or the taamei hamikra in a way that changes the meaning. However, in the last instance, he concludes that although one should take the sefer Torah out of the aron kodesh again and reread three pesukim, one should not recite a brochah prior to the reading (Bi’ur Halachah 142:1 s.v. Machzirin). Furthermore, the requirement to repeat what one missed is only at the Shabbos morning reading, but on weekday readings or Shabbos mincha, one does repeat the reading for a missed word or even a missed pasuk (Bi’ur Halachah 142:1 s.v. Machzirin).

Conclusion:

The Gemara (Brachos 15b) teaches that whoever reads Shma and is meticulously careful about enunciating the words merits that Gehenom is cooled for him. What is meant by this very strange passage of Gemara? In what way is cooling the fires of Gehenom a reward for reciting Shma slowly?

This could be explained in the following way. Often, we are in a rush to finish davening – there is so much to do, I need to get to work. We know too well the yeitzer hora’s methods of encouraging us to rush through our davening. In order to daven and read the Torah properly, one needs to do these mitzvos slowly and carefully.

Now, at the end of a person’s days on earth, he is called for his final judgment. We are all aware, ein tzadik ba’aretz asher yaaseh tov velo yecheta; everyone has done some aveiros that will require punishment. The Satan, who operates Gehenom, has measured out his cauldron according to the punishment deserved, particularly if the person performed aveiros for which he did not do teshuvah. At this point, the mitzvos of having read the Shma slowly and carefully rise to the forefront. After all, this individual slowed down for the sake of Hashem’s honor, and the Satan has to admit that attempts to get him to rush were, at times, not fruitful. These mitzvos force the Satan to wait until his boiling cauldron is cooled off and is only a bit uncomfortably warm, barely enough to be considered a punishment for the aveiros committed (see Iyun Yaakov).

The Stuff of Dreams

Question #1: Which approach is best?

“I had a bad dream. Should I fast, go to the nearest Sefardi shul and pray while the kohanim are duchening, or perform the hatovas chalom ceremony?”

Question #2: Fast again?

“I was told that if someone fasts for a bad dream, he is supposed to fast again. Why?”

Question #3: Strange dreamer

“I often have strange dreams. Should I be concerned?”

Answer

This week’s parsha begins with the famous story of Pharaoh’s dreams, certainly providing an opportunity to discuss the many passages of Gemara relating to dreams.

Before we discuss these Talmudic passages, let me explain some of the ideas mentioned in the opening questions. The Gemara mentions three different solutions to guarantee that disturbing dreams have pleasant results. The first is to daven while the kohanim bless the people, the second is a procedure called hatovas chalom – literally, rectifying the dream, and the third is to fast on the day that the person wakes up with the disturbing dream.We will cite these three approaches in the course of this article.

The first question we need to address is whether one should place any weight at all on dreams. In the following passage, the Gemara itself implies that one should not:

Rav Shmuel bar Nachmeini said, quoting Rav Yonasan, “You dream at night what you think about during the daytime” (Brachos 55b). As proof, the Gemara notes that people do not dream of palm trees made of gold or of elephants climbing through the eyes of needles. Since no one thinks about these things during the day, one does not dream about them at night.

In this context, the Gemara shares the following anecdote: The emperor of Rome, in the midst of one of his wars with the Persians, asked Rabbi Yehoshua what he would dream about the coming night. Undaunted, Rabbi Yehoshua answered him, “You will dream that the Persians will be serving you as their king” (Brachos 55b). We can all guess what the emperor dreamed the following night. We call this the power of suggestion.

Thus, the Gemara’s view is that dreams should not be relied upon. A corollary of this idea is that one need not take action when one wakes with a disturbing dream. Following this approach, the Gemara quotes the prophet Zecharyah (10:2), who stated, “Dreamers speak falsehood.”

Prophetic dreams

On the other hand, both Tanach and the writings of Chazal contain numerous instances wherein dreams are taken very seriously. Let us begin with Chumash. Aside from the dreams of the officers of Pharaoh discussed in last week’s parsha, and those of Pharaoh himself this week, we have Yaakov’s dream at the beginning of parshas Vayeitzei, and those of Yosef at the beginning of parshas Vayeishev. Furthermore, in Bamidbar (12:6), Hashem tells Miriam and Aharon, regarding most prophets, “In a dream, I speak to him.” Obviously, these dreams are prophetic.

Also in Nach, we have numerous examples of prophecy occurring through dreams. In the second perek of Daniel, we are told about Nevuchadnetzar’s terrifying and forgotten dream; he tests Daniel by demanding that the latter discover and reveal it – and the dream is fulfilled. Again, we have the pasuk (Shmuel I, 28:6) which says, “And Shaul asked of Hashem, and Hashem did not answer him, not with dreams, nor with the Urim, nor with prophets.” Thus, we see that Shaul’s dreams included communication from Hashem.

In this context, the Gemara reports that dreams are one-sixtieth of prophecy (Brachos 57b). This expression means that although many aspects of a dream are fictitious or represent one’s imagination, there is a kernel of prophecy in the dream.

Moreover, an extensive discussion in the Gemara (Brachos 55b-57b) mentions numerous lessons and messages, both positive and negative, that can be derived from dreams.

The Gemara even tells us how to guarantee a good result from a dream. It states that the spoken interpretation of a dream determines its outcome (Brachos 55b), and implies that one can even pay the interpreter of the dream in order to gain a favorable consequence (Brachos 55b). This means that if someone has a dream, he can hire someone to provide a favorable interpretation, which will indeed come true as fulfillment of the dream.

In this context, Rav Binah said that in his day, there were 24 dream interpreters in Yerushalayim. “Once I had a dream, and I went to all of them and received 24 different interpretations – and all 24 interpretations happened!” According to the Maharsha, this means that all 24 approaches lay within the dream, and therefore they were all true.

The Gemara also states that one could wait up to 22 years for a good dream to be fulfilled (Brachos 55b). The proof is from Yosef, since what he dreamed when he was 17 was not fulfilled until his brothers came down to Egypt, 22 years later.

Meaningless parts

Although the main part of the dream might be prophetic, the Gemara concludes that just as all grain includes chaff, every dream includes meaningless parts (Nedorim 8a and Brachos 55a).

Dreams to motivate teshuvah

Rav Huna said that a good man never has a good dream, and a bad man never has a bad one (Brachos 55b). Rashi explains that the good person is motivated by a bad dream to do teshuvah, whereas with a good dream the bad person receives his reward in this world for the mitzvos he performed. The specific examples cited are Dovid Hamelech, who never had a good dream, and Achitofel, who never had a bad one.

Worrisome dreams

In a deep medical-psychological evaluation, the Gemara notes that a bad dream is worse for the body than receiving a brutal physical beating, because the worry about what the bad dream means harms a person in a much greater way than being beaten (Brachos 55a). This helps us understand our previous comment about dreams being used to encourage a person to do teshuvah.

Selective interpretation

A different passage of Gemara (Sanhedrin 30a) relates an event and the resultant halachic ruling. A person knew that his father had hidden money but didn’t know where his now-deceased father had placed it. A “baal hachalom” – apparently someone who either could have a prophetic dream or had the ability to interpret one – told him where the money was located, how much was there, and also that the money had the sanctity of maaser sheini, which may be used only to purchase food that must be eaten in Yerushalayim. The Gemara concludes that the heir is permitted to ignore the statement that the money is maaser sheini, notwithstanding the fact that the very same interpreter successfully located the money and named the sum! This Gemara is quoted as the final halacha by the authorities (Rif and Rosh, ad locum; Rambam, Hilchos Ma’aser Sheini 6:6). The words of the Gemara are “divrei chalomos einan ma’alin v’einan moridin – dreams are meaningless and neither help nor hinder” (Sanhedrin 30a).

The Gemara reports that when the amora Shmuel had a bad dream, he would quote the above-referenced verse of Zecharyah that dreams lie; yet, when he had a good dream, he would refer to Chumash as proof that this was a good indication. The Gemara notes that these two statements of Shmuel appear contradictory, to which the Gemara responds that it depends whether the dream was conveyed by an angel or by a demon (sheid). A dream conveyed by an angel is considered a form of prophecy, whereas one from a demon or other questionable source should be ignored. Many halachic authorities explain that when one cannot attribute the dream to an angel, this is the same as blaming it on a demon, and one may ignore the dream (see, for example, Shu”t Tashbeitz, vol. II, #128; Aruch Hashulchan, Orach Chayim 220:1).

Later dream interpretation

The Jewish literature and history involved in dream interpretation did not end with the closure of the Gemara. Some rishonim discuss other specific events that were governed by dreams, as in the following story: Some people were building a wooden coffin for a meis, and someone wanted to take a piece of leftover wood and make a harp out of it. This individual was warned by the others not to do so, but he disregarded them. The meis for whom the coffin was made came in a dream and warned him that if he persisted in making the harp, he would be punished. He ignored this admonition and made the harp. He then had another dream, in which the meis told him that if he does not break the harp, he will be in danger. This was also ignored, and the man got sick. When he became very ill, his son took the harp and broke it on the grave of that particular meis, leaving the pieces on top of the grave. After this, his father recovered (Sefer Chassidim #727).

Which dreams?

So far, we see that dreams can foretell the truth, at least in part, and can also be used to encourage someone to do teshuvah. On the other hand, we have statements in the Gemara implying that dreams can be ignored. Is there a dispute in the Gemara as to whether dreams should be interpreted or not? The Gemara’s presentation does not imply this.

Rather, the Gemara and its commentaries suggest that there are different types of dreams, some of which are simply a reflection of what one experienced during the previous day, and others that are, indeed, prophetic or potentially prophetic.

I had a dream

As I mentioned above, the Gemara has many discussions about dreams, and also provides advice on how to counteract the harm foretold by disturbing ones. The Gemara teaches that if someone had a dream that disturbed him in a major way, he should perform the procedure called hatovas chalom in the presence of three people. The hatovah is performed by asking three friends to recite together a series of statements and pesukim. The Mishnah Berurah (220:3) comments that it is a mitzvah to be one of these three people, as they give confidence to the discouraged person to move on in life. The Gemara presents the structure of hatovas chalom: It should include three verses of Tanach that mention “reversal” (meaning that they will “reverse,” or annul, the message of the dream), three that mention redemption, and three that mention peace. The Gemara proceeds to enumerate which pesukim to use (Brachos 55b). (The text of hatovas chalom is printed in many siddurim.)

The Pri Megadim and the Mishnah Berurah (220:1) comment that the criterion for hatovas chalom is not the nature of the dream but the extent to which the dreamer finds it disturbing. By the way, hatovas chalom may be performed even on Shabbos (Elyah Rabbah; Mishnah Berurah).

We should note that if the dreamer had been fasting the previous day, heard bad news or anything similar, and then had a troubling dream, he should not be concerned about the dream and no hatovas chalom is necessary (Shaar Hatziyun ad locum).

Duchening and Dreams

A second suggestion mentioned in the Gemara regarding dreams is that someone who had a dream that requires interpretation and does not know whether the dream bodes well should recite a prayer at the time of duchening (Brachos 55b; Shulchan Aruch, Orach Chayim 130:1). Some authorities prefer that one not recite this prayer while the kohanim are actually reciting the words of the duchening (see Rema, Orach Chayim 128:45; Mishnah Berurah 130:3). For this reason, Ashkenazic practice is that when the kohanim duchen on Yom Tov, they chant a tune prior to the completion of the brocha to give people the opportunity to recite the prayer. This prayer can be recited not only when one is uncertain of the interpretation of the dream, but even when one knows that the dream bodes ill (Mishnah Berurah 130:4).

In chutz la’aretz, where the practice among Ashkenazim is that bircas kohanim is recited only on Yom Tov, the minhag is that everyone recites this tefilah during the duchening on Yom Tov, as it is likely that every person had such a dream since the previous Yom Tov (Mishnah Berurah 130:1).

But since Ashkenazim in chutz la’aretz duchen only on Yomim Tovim, this suggestion does not provide an immediate solution for someone whose bad dream did not schedule itself on the night of Yom Tov. At this point, let us examine one of our opening questions: “I had a bad dream. Should I fast, go to the nearest Sefardi shul and pray while the kohanim are duchening, or perform the hatovas chalom ceremony?”

The basis of the question is that the person is an Ashkenazi in chutz la’aretz, and he does not want to wait until Yom Tov to ameliorate his dream. Thus, he is asking whether he should find a Sefardic shul where the kohanim duchen daily (even in chutz la’aretz) and say his tefillah there. I refer our reader who has this question to his rav or posek for halachic guidance.

Fasting

A third suggestion to blunt the potential damage of a disturbing dream is to fast on the day that one wakes up with the dream (Shabbos 11a). This procedure is called taanis chalom. This fast is effective in nullifying any negative outcome foretold by the dream, but only when one fasts the day immediately following the dream. Note that there is no obligation to observe this fast – it is simply a suggestion to countermand whatever bad consequence was warned about in the dream (Mishnah Berurah 220:7).

The Gemara reports that this fast may be observed even on Shabbos, although an individual who does so is then required to fast another day (sometime in the future) for having compromised the sanctity of Shabbos by fasting. Thus, although the taanis chalom, itself, is effective to protect against harm, it is still considered a violation of the sanctity of Shabbos.

We can now address the second of our opening questions: “I was told that if someone fasts for a bad dream, he is supposed to fast again. Why?”

Someone here misunderstood the law. The halacha of fasting a second time is only for someone who fasted a taanis chalom on Shabbos, and now we know the reason for the second fast.

In our day

In our day, one should not be overly concerned about dreams, both with regard to fasting and with regard to reciting hatovas chalom. This is because, as we mentioned earlier, most dreams are either a product of things that a person thinks about during the day or are due to overeating or another experience (Aruch Hashulchan, Orach Chayim 220:1, 4). Additionally, one who suffered from some pain or anguish and then had a bad dream need not be concerned, as the dream resulted from his anguish (Sha’ar Hatziyun 220:1).

One of the talmidim of the great mekubal, Rav Yaakov Hillel, told me the following: “Rav Yaakov Hillel told us many times not to pay attention to dreams. He explained that the statements of Chazal explaining the messages of dreams are significant only when they are messages from Above. Our thoughts are polluted by the media, technology, and extremely unnatural stimuli that bombard us all day. Our dreams reflect what we saw or heard during our waking hours. They might even be triggered by an ad or a newspaper headline we saw in passing. Rav Hillel tells people who come to him with disturbing dreams not to pay attention to or be bothered by them.”

One might ask: If this is so, why do we still recite the prayer while the kohanim duchen? There are several ways to resolve this question, but explaining them properly is beyond the scope of this article.

Conclusion

A dream is the first step of any new venture. We see a vision for our lives, our families, our community and the world we live in. We dream about how the world can be improved, and of the contribution that we can make.

In this context, I want to share an anecdote told about the Ponevizher Rov standing over the vacant hill and fields that today are the center of the city of Bnei Brak. Upon hearing the Rov’s visions of the future that would be there, someone turned to him and said, “The Rov is dreaming.” The Rov responded, “I may be dreaming, but I am certainly not sleeping!”

 

 

Slowly Positioned

Since our parsha shares with us Yaakov’s Avinu’s prayer prior to his confrontation with Eisav, I thought it appropriate to discuss some laws of tefillah.

Slowly Positioned

Question #1: Why windows?

Why does a shul have windows? Does this not create a distraction that one should avoid?

Question #2: A ruined davening!

When traveling, is it better to daven inside the ruins of a building or to pray outdoors?

Question #3: Strange title!

What does the title of this article have to do with its topic?

Answer:

At the beginning of parshas Vayishlach, the Torah teaches that one of the ways that Yaakov prepared for his encounter with Eisav was through prayer. This provides ample reason to discuss some of the laws regarding tefillah.

In Chapter 5 of Hilchos Tefillah, the Rambam discusses many important aspects of prayer that he terms “non-essential components,” meaning that if they were not done, one has still fulfilled his mitzvah to pray. Furthermore, someone unable to fulfill these laws is required to daven without observing them.

Correct location

The Rambam groups many of these rules under a heading he calls “the proper location in which to pray” (Rambam, Hilchos Tefillah 5:6). We can organize these laws into the following mnemonic heading:

Set place

One should have a set place where he davens.

Low

When standing to daven shemoneh esrei, one should stand in a low place. Certainly, one should not pray while standing on top of something.

Outdoors

One should not daven outdoors.

Wall

When praying, one should face a wall.

Lodging

One should not pray in a destroyed building, called, in Hebrew, a churvah.

Yerushalayim

In the room where one is davening, some windows or doors should face Yerushalayim and should be open.

As I mentioned above, these are all categorized as non-essential components of prayer. This means that although meeting these requirements is important, circumstances may dictate that one daven without observing them. We will now discuss the details of these six categories.

Set place

A person should daven regularly in the same place, as the Gemara states: Whoever establishes a place for his prayer, the G-d of Avraham will assist him. Furthermore, upon his passing, they will say about him that he was exceedingly humble and exceedingly righteous and a disciple of Avraham Avinu (Brachos 6b). This passage of Gemara is subsequently quoted verbatim by the Rif and the Rosh, and its conclusion is quoted by all the halachic authorities.

What does the Gemara mean when it says one should pray in an “established place”? This is disputed by the rishonim. Rabbeinu Yonah explains that the main thrust here is that one should pray in a place that is specially set aside for prayer, such as a shul. On the occasions when one cannot daven in shul and one must pray at home, he should have a set place at home where he prays. This should be a place where he will not be disturbed (see Magen Avraham 90:33). However, Rabbeinu Yonah rules that there is no requirement to daven in the same place in shul, which is usually referred to as a makom kavua, since the entire shul is established for prayer. Furthermore, according to Rabbeinu Yonah, it does not seem to make any difference which shul one attends, since one is, in any event, davening in a place that has been established for prayer. According to this approach, the reason why one who establishes a place for his prayer is promised such special rewards is because he was always careful to daven in a shul. On this basis, many rishonim note that someone who is unable to join the tzibur should still opt to daven in a shul, rather than at home (Rabbeinu Manoach, Hilchos Tefillah 5:6, based on Rambam, Hilchos Tefillah 8:1).

However, other rishonim have a different interpretation of “a set place” to pray. For example, the Rosh contends that even in a shul, one should have a set place where he prays. Rabbeinu Manoach explains that someone who has several shullen in his neighborhood from which to choose should not randomly daven at different ones. He implies that one should always daven in the same shul, and that this is included in the Gemara’s recommendation that one “establish a place for one’s prayer.” If we combine these two approaches, to be rewarded with the special brocha, it is insufficient for one always to be careful to daven in shul – one also must be careful to daven in the same place, in the same shul, at all times. The Shulchan Aruch (Orach Chayim 90:19) concludes that one should always have a set place to daven, whether at home or in shul. By the way, this law applies equally to women – a woman should have a set place in the house, out of the way of household traffic, where she can daven undisturbed.

Low

Daven from a low place

From the well-known words of Tehillim (130:1) Mima’amakim kerasicha Hashem, “from the depths I call out to You, Hashem,” the Gemara (Brachos 10b) derives that whenever one prays, one should endeavor to do so from a low place. For this reason, in many old shullen, the place from which the chazzan davened was somewhat sunk into the floor. This is also hinted at in the words of the Gemara (Brachos 34a) when it says that the chazzan is yoreid lifnei hateivah, descends when he leads the services.

There are two reasons why one should not stand on something while praying (Mahari Abohav, quoted by Beis Yosef, Orach Chayim 90):

  1. Acting this way shows a degree of haughtiness.
  2. It is distracting to do so, because the person is afraid he may fall.

Because of the second reason, the Mahari Abohav prohibits davening while standing atop furniture, even when it is less than three tefachim high, which is a subject of dispute. The Rema and the Elyah Rabbah (90:1), follow the approach of the Mahari Abohav and prohibit praying even while standing atop something lower than three tefachim. On the other hand, the Bach, the Taz and the Pri Chodosh permit this, although the Pri Chodosh qualifies that this is permitted only if the person himself will not be distracted because he is standing on something.

Under extenuating circumstances, or if the chazzan wants to daven from an elevated surface so that people can hear him, one may daven from atop a piece of furniture, as long as one is in a secure position (Beis Yosef, Orach Chayim 90, quoting several authorities).

Outdoors

One of the scholars of the Gemara, Rav Kahana, declared that praying in an exposed agricultural area is viewed as being an act of chutzpah (Brachos 34b). Based on this Gemara, the Tur and the Shulchan Aruch rule that one should not pray in an open area, such as a field (Orach Chayim 90:5).

Why is praying in a field considered arrogant? Rashi explains because praying in a secluded place is more conducive to humility and being in awe of G-d. This is explained by the Mahari Abohav (quoted by Beis Yosef, Orach Chayim 90) as meaning that, inherently, man should be inhibited about talking to G-d, and this should manifest itself in wanting to pray in a place where one has privacy. One who davens where there is nowhere to hide implies that his relationship with G-d is chummy.

An alternative explanation why it is considered chutzpah-dik to pray outdoors is that one who does so implies that, although there are distractions outdoors, he is confident that his concentration will not be affected. This attitude implies arrogance (Magen Avraham 90:6, in his explanation of Tosafos, Brachos 34b s.v. Chatzif).

The dispute how to explain this law has halachic ramifications. For example, may one, lechatchilah, daven outdoors in a place where he will not be disturbed?

According to the Magen Avraham’s reason, this is permitted, whereas according to the Mahari Abohav, it is prohibited when he has somewhere else to daven.

According to both approaches, one may pray under the heavens, provided that he is in an area surrounded by walls, even if there is no roof (Shaarei Teshuvah 90:1, quoting Batei Kehunah, Birkei Yosef, and Mizbach Adamah).

Yitzchak in a field

The commentaries (Tosafos, Levush, Bach) ask: If the Gemara rules that it is arrogant to daven outdoors, why did Yitzchak daven in an open field (Bereishis 24:63, see Rashi)? There are many different answers to this question. According to the Bach (Orach Chayim 90), Yitzchak davened between the trees, and this is considered similar to praying in an enclosed, unroofed area. Others explain that since he was praying on Har Hamoriah, the same holy place where the Beis Hamikdash would ultimately be built, this is not considered the same as davening in an open field (Tosafos, Brachos 34b s.v. Chatzif). A third approach is that Yitzchak davened in a place where no one would disturb him (Tosafos, second answer). This last answer implies that it is permitted to daven outdoors in a place where one will not be disturbed, which, as I mentioned above, corresponds only to the second opinion in the dispute as to why one should not daven outdoors. Some later authorities prohibit praying outdoors even in an area where one will not be disturbed, because they rule according to the other reason, that of the Mahari Abohav (Mishnah Berurah, 90:11).

The Magen Avraham (90:6) rules that the halachic assumption is that travelers may daven outdoors. The Mishnah Berurah (90:11) writes that if they have an option to daven under trees, that is preferable.

Wall

The verse in Melachim II 20:2 emphasizes that Chizkiyahu, the king of Yehudah, turned to the wall to pray. Based on this, the Gemara (Brachos 5b) derives that one should not pray with something intervening between himself and a wall. The Gemara’s example is that one should not pray facing a bed. Tosafos (s.v. Shelo) explains that this law does not apply to davening facing a piece of furniture that is not regularly moved, such as a bookcase (Shulchan Aruch, Orach Chayim 90:21; cf., however, Taz 90:5, who explains this idea in a different way).

Why did Chazal advise that one not pray with something intervening between himself and the wall? The Rambam explains that this is so that one not daven facing something that will distract him (quoted by Beis Yosef, Orach Chayim 90). For this reason, it does not apply to something being used to help one daven, such as a shtender, table or desk (Taz, Orach Chayim 90:5). It is also permitted to daven facing something lower than 10 tefachim or less wide than four tefachim (Rabbeinu Manoach, Hilchos Tefillah 5:6; Rema 90:21, quoting Avudraham), although there are authorities who disagree with this (Pri Chodosh; Maamar Mordechai 90:25). It is also permitted to pray facing people (Shulchan Aruch, Orach Chayim 90:21 and 98:4).

Since the Rambam rules that this law is in the category of things that are preferred but not vital, one who davened facing a bed has fulfilled his mitzvah. Furthermore, one who has nowhere to daven other than facing a bed or some other piece of furniture may do so. The Taz (90:5) rules that if the only convenient place to create a minyan requires davening with something intervening before the wall, one may do so. He contends that since the reason not to have something intervening is only to avoid distraction, one may disregard this problem when it is the best option. The Mishnah Berurah (90:63) rules according to this Taz.

Lodging

One should not pray in a churvah, a partially destroyed building. In the context of this halachah, the Gemara (Brachos 3a) presents the following anecdote. Rabbi Yosi said: Once, when I was traveling, I entered one of the wrecked hovels of Yerushalayim to pray. Eliyahu, may he be remembered for good, arrived and remained at the door of the hovel to protect me, until I completed my prayer. When I completed my prayer, I greeted him as one greets one’s teacher…

Eliyahu proceeded to ask Rabbi Yosi why he had entered a destroyed remnant of a building. Rabbi Yosi replied that he had entered in order to pray in a place that he would not be distracted by other travelers. Eliyahu answered him that he should have recited an abbreviated prayer, rather than enter a churvah to pray!

The Gemara proceeds to explain that there are three reasons why one should not enter a churvah.

Someone might suspect him of using the ruins for sinful activity.

The building might collapse.

Evil spirits might be there.

The Gemara (Brachos 3a-3b) explains that all three reasons are valid, and then elaborates on when some of the reasons apply, but not others. The halachic conclusion is that when there are at least two people and the structure looks stable, none of the three reasons apply, and they may enter the churvah. Therefore, a married couple may enter ruins that look stable, since none of the reasons apply (Pri Megadim, Eishel Avraham 90: 8). Also, one may enter a churvah in a case of life-threatening emergency, such as when it is the only place available to provide necessary shelter from the elements.

We should note that all three reasons mentioned for not entering a churvah have nothing to do with praying. A person alone may not enter ruins unless there is a life-threatening emergency, such as the need to rescue people from an imminent building collapse.

Outdoors or in a churvah?

If someone has two options for davening, outdoors or in a churvah, where should he daven? We see from the conversation between Eliyahu and Rabbi Yosi that it is better to daven outdoors than in a ruin (Magen Avraham 90:7).

Yerushalayim

When praying in a room, some windows or doors should face Yerushalayim and should be open, as implied by the verse in Daniel (6:11): “He had windows open, facing Jerusalem, in the upper story of his house and, three times a day… he prayed to Hashem.” From this verse, the Gemara (Brachos 31a) and the Rambam derive that one should pray in a building that contains windows. It is interesting to note that the Kesef Mishneh quotes a responsum of the Rambam that the requirement that there be windows applies only to someone davening at home, but not to a shul. However, the custom is to have windows in a shul. The later authorities note that this is implied by the Zohar, and contend that the Shulchan Aruch, the author of the Kesef Mishneh, himself, followed this approach (Pri Megadim, Eishel Avraham 90:4; Kaf Hachayim 90:19).

We should note that there appears to be a dispute among early authorities as to whether the primary reason that one should pray in a room with windows is so that one can see the heavens, or whether it is so that one look in the direction of Yerushalayim (see Pri Megadim, Eishel Avraham 90:4). This question will be discussed shortly.

Windows or outdoors?

What should a person do if he has two places in which he could daven, one outdoors and the other indoors in a room without windows. Since the Gemara states that it is a chutzpah to daven outdoors, the Pri Megadim rules that someone with this choice should pray indoors, in the building without windows (Eishel Avraham 90:4). This ruling is subsequently followed by the Mishnah Berurah (90:10).

Twelve windows

There is a practice that a shul has twelve windows. This is based on a Zohar (parshas Pekudei), which is quoted by the Beis Yosef (90) and the Shulchan Aruch (90:4), who says that “it is good” to have 12 windows. As long as at least one of these windows faces Yerushalayim, it does not matter in what the direction the other windows face (Pri Megadim, Eishel Avraham 90:4; Mishnah Berurah 90:9). Some windows or doors that face Yerushalayim should be open (Shulchan Aruch, Orach Chayim 90:4).

This ruling prompts the following question of the Magen Avraham (90:4): Why should a shul have windows? After all, one is supposed to daven by looking downward, to avoid distraction. The Magen Avraham answers that the windows are there so that if one is having difficulty concentrating while praying, he can look heavenward for inspiration. The Machatzis Hashekel explains, differently, that one is not supposed to look out the windows. He explains that the reason for the windows is so that one realizes that, wherever he is, the tefillah travels first to Yerushalayim and then to heaven.

Conclusion

Having studied many of the laws about proper positioning in davening, let us also use the above mnemonic to realize that we should always daven slowly and meaningfully. Understanding how much concern Chazal placed in the relatively minor aspects of davening should make us more aware of the fact that davening is our attempt at building a relationship with Hashem. As the Kuzari notes, every day should have three very high points: the three times that we daven. We should gain our strength and inspiration for the rest of the day from these three prayers.

 

How Is Our Maariv Structured?

Question #1: “Why is maariv structured differently from shacharis? In the morning, we start Shmoneh Esrei immediately after Ga’al Yisroel, whereas maariv includes two additional brochos.”

Question #2: “Why do we recite a kaddish immediately before Shmoneh Esrei in maariv, but not in shacharis?”

Answer:

The Gemara (Brochos 26b) teaches that Avraham Avinu initiated the daily morning prayer of shacharis, Yitzchak established mincha and Yaakov instituted maariv. The source that Yaakov introduced maariv is in the second verse of this week’s parshah, where it says vayifga bamakom, which is interpreted as meaning he prayed in that place. This provides ample opportunity to discuss the structure and laws of our maariv prayers.

What we call “maariv” actually fulfills four different mitzvos. The Gemara quoted above refers to only one of these mitzvos: tefillah, the prayers we recite as Shmoneh Esrei. The other three mitzvos are: reading shma (kri’as shma), required min hatorah every morning and night; remembering yetzi’as mitzrayim, the Exodus from Egypt; and birchos kri’as shma, reciting the blessings that Chazal instituted to surround the shma with brochos (Mishnah, Brochos 11a). These brochos, together with the shma, constitute the part of the davening between borchu and the Shmoneh Esrei.

In the morning, the birchos kri’as shma consist of two brochos prior to shma and one afterward. Birchos kri’as shma at night consist of four brochos, two before shma and two afterward. (The various places that we pause for the chazzan in the middle of these brochos do not indicate new brochos.) On weekdays, Ashkenazim in chutz la’aretz add another brochah at the end of maariv that begins with the words Baruch Hashem le’olam. This brochah consists of a selection of pesukim which mention Hashem’s name at least eighteen times, corresponding to the eighteen brochos of the original Shmoneh Esrei, followed by a brochah. The chazzan then recites a half-kaddish, after which everyone begins the Shmoneh Esrei.

The Avos did not establish the Shmoneh Esrei itself, but rather the concept that one should daven three times a day. The original text of eighteen brochos, from which the term Shmoneh Esrei was derived, was created by the Anshei Keneses Hagedolah. What we call the Shmoneh Esrei includes an additional brochah, Velamalshinim, which was added later and is a topic for a different time.

Order of maariv

This above order reflects how we daven maariv today. However, at the time of the Gemara, there was a dispute concerning when one should recite the kri’as shma and its brochos – before or after the Shmoneh Esrei. Rabbi Yehoshua ben Levi contended that the Shmoneh Esrei of maariv should be recited first, and only then should one recite kri’as shma and its brochos. Our structure follows Rabbi Yochanan, who ruled that since the blessings surrounding the kri’as shma include one that closes with the words Ga’al Yisroel –  He Who redeemed Israel, this should be recited before Shmoneh Esrei. This is because of the concept of masmich geulah latefillah, meaning that one should mention the redemption immediately prior to beginning prayer (Brochos 4b). To quote the Gemara: “Rabbi Yochanan said: ‘Who will merit the World to Come? One who recites the brochah of the redemption immediately before he recites the prayer in the evening.’ Rabbi Yehoshua ben Levi says, ‘The prayers are in the middle’” (Brochos 4b).

Rabbi Yehoshua ben Levi contends that one recites the blessings after the Shmoneh Esrei because the redemption from Egypt did not take place at night. Although Hashem smote the Egyptian firstborn at night, since the full redemption, that is, leaving Egypt, did not occur until the following morning, there is no compelling reason to mention the redemption prior to the evening prayer. In addition, Rabbi Yehoshua ben Levi notes that since the Torah states that one should recite kri’as shma when one goes to bed in the evening and when one rises in the morning, these two recitals should not have tefillah between them. Rabbi Yochanan contends, however, that although the Bnei Yisroel did not leave until morning, we consider the redemption to have begun at night. Therefore, even at night, the geulah should be mentioned before the prayer.

How do we rule?

Although in this instance we follow the decision of Rabbi Yochanan, this is very unusual, since we usually rule according to Rabbi Yehoshua ben Levi when he disagrees with Rabbi Yochanan (Tosafos, Nedarim 45a and Chullin 97a; Ramban, Eruvin 46a). Yet, in this instance, virtually all halachic authorities rule according to Rabbi Yochanan (Rif; Rambam, Hilchos Tefillah 7:18; Rosh; Tur, Orach Chayim Chapters 235 and 236; Shulchan Aruch ad loc. Chapters 235:1 and 236:2. However, cf. the Shiltei Giborim quoting Rav Amram Gaon.) This is because the Gemara cites a beraysa, an earlier source of the tanna’im, which concurs with Rabbi Yochanan (Rif; Tosafos, 4b s.v. Da’amar).

Olam haba

Rabbi Yochanan’s original statement was: “Who will merit the World to Come? One who recites the brochah about the redemption immediately before he recites the prayer in the evening.” The rishonim raise the following inquiry: Does such a seemingly small act alone guarantee olam haba?

Rabbeinu Yonah provides two approaches to explain this curious statement: Hashem took us out of Egypt in order that we become His servants. One who recites the brochah of Ga’al Yisroel thereby acknowledges the tremendous kindness that Hashem performed. If an individual follows this immediately with prayer, he shows that he recognizes that the chesed that Hashem performed requires us to serve Him with total commitment. Prayer demonstrates that we recognize the good that Hashem has done for us, and that we are His servants. Internalizing and actualizing this mindset are what gains a person a place in olam haba.

A second reason is that when the Jewish people saw the miracles of the Exodus, they trusted in Hashem. Reciting the geulah describes the faith that the Jews placed in Hashem, and praying immediately thereafter demonstrates understanding that everything is because of Hashem, and that we should place our total trust in Him. Fearing Hashem and only Hashem results from having this total trust in Him. Thus, with these actions a person internalizes the qualities that will earn him olam haba.

Although the Gemara attributes this idea to Rabbi Yochanan, Rabbi Yehoshua ben Levi agrees that one who proceeds directly from mention of redemption to prayer merits olam haba. He disagrees only as to whether one should strive to accomplish this only with his morning prayers, or if he should do so also with his evening prayers. In the evening, Rabbi Yehoshua ben Levi prefers that one pray first and only afterward recite shma and its attendant brochos (based on Talmidei Rabbeinu Yonah).

Why do we have interruptions?

This discussion leads us to a series of questions: As opposed to the morning prayers, where we recite the closing words Ga’al Yisroel and then immediately begin reciting the Shmoneh Esrei, three additional prayers are recited between the evening brochah Ga’al Yisroel and the Shmoneh Esrei. First, the brochah of Ga’al Yisroel is not the last brochah of the brochos that surround shma – it is followed by a brochah commencing with the word Hashkiveinu. Second, after Hashkiveinu, Ashkenazim in chutz la’aretz add the brochah that begins with the words Baruch Hashem le’olam. Both these brochos are recited between Ga’al Yisroel and the Shmoneh Esrei. If it is so important to recite Shmoneh Esrei immediately after the brochah of Ga’al Yisroel, why are there “interruptions” between them?

Furthermore, in the evening, the chazzan recites “half-kaddish” before beginning the Shmoneh Esrei. This kaddish is not recited in the morning, when nothing is allowed to interrupt between geulah and tefillah. Why are these three insertions not considered interruptions between the brochah of Ga’al Yisroel and the beginning of Shmoneh Esrei?

The first of these three questions (Why is the brochah Hashkiveinu recited between Ga’al Yisroel and the Shmoneh Esrei?) already surfaces in the Gemara (Brochos 4b). There, the Gemara explains that once Hashkiveinu was established as a brochah after Ga’al Yisroel, the two brochos together, Ga’al Yisroel and Hashkiveinu, are considered one long recitation of redemption. Therefore, Hashkiveinu does not constitute an interruption between geulah and tefillah.

What does this Gemara mean?

Some rishonim explain that while Hashem brought the Angel of Death upon the Egyptian firstborn on the first night of Pesach, the Jews were afraid and prayed to Him to save them from the fate of the Egyptians. This is considered an act of righteousness, not lack of faith, because tzaddikim always think that they have sinned and, therefore, are not deserving of Divine intervention. To remember these supplications, Chazal implemented the recital of Hashkiveinu, an appeal that Hashem protect us from all misfortune. Since this entreaty originated as part of the Exodus, it retains aspects of salvation and therefore does not constitute an interruption between geulah and tefillah (Talmidei Rabbeinu Yonah ad loc.).

Another interruption

Although we have now explained why Hashkiveinu is not considered an interruption between geulah and tefillah, we still do not know why the brochah beginning with the words Baruch Hashem le’olam is not considered an interruption. The rishonim devote much discussion to this question and to the origins of this brochah altogether, since it is not mentioned in the Gemara.

Tosafos (4b s.v. Da’amar) explains that, at some point in post-Talmudic history, this brochah was instituted to lengthen the davening. The reason for doing this was so that someone who arrived late for maariv would have time to catch up and finish davening and still be able to leave shul with everyone else. As the Rosh (Brochos 1:5) explains, at the time this brochah was implemented, the shullen were in the fields, and it was dangerous to walk home alone at night after maariv.

Other approaches

Other rishonim explain the origin of the brochah of Baruch Hashem le’olam somewhat differently. The approach presented by Talmidei Rabbeinu Yonah requires a bit of an introduction.

The Gemara (Brochos 27b) quotes a dispute whether tefillas arvis reshus or tefillas arvis chovah, which seems to be a disagreement over whether davening maariv is required or optional. The halachic conclusion is tefillas arvis reshus. But is maariv really optional? Can one decide every night whether he wants to skip maariv?

The rishonim already note that the Gemara states that one who missed maariv must recite a make-up prayer, called a tefillas tashlumim, after the next morning’s shacharis. If maariv is optional, why must one make up the missed prayer?

In response to this difficulty, Tosafos explains that when the Gemara states that maariv is reshus, it does not mean that it is optional, but rather that it is less mandatory than other requirements. Should one need to choose between fulfilling two different mitzvos, maariv is set aside in favor of the other mitzvah (Tosafos, Brochos 26a s.v. Ta’ah). However, in all other circumstances, one is obligated to recite maariv.

The Rif resolves the problem differently, contending that, indeed, maariv is not obligatory. However, once one has decided to daven maariv, he must do so properly, meaning that, in the event that he did not daven, he would need to pray a “make-up” prayer.

Baruch Hashem le’olam

Returning to Baruch Hashem le’olam: Since reciting a tefillah for maariv was originally voluntary, Rabbeinu Yonah explains that the eighteen mentions of Hashem’s Name that constitute the prayer of Baruch Hashem le’olam were substituted for maariv and qualified as adequate fulfillment of the requirement to daven at night. A closing brochah beginning with the words yiru eineinu was then recited, followed by kaddish, and one thereby fulfilled the requirement of maariv without reciting Shmoneh Esrei. (A similar approach is presented by the Tur in the name of Rav Natrunai Gaon.)

The prayer of Baruch Hashem le’olam and the subsequent half-kaddish remained part of the maariv liturgy, even after davening a maariv Shmoneh Esrei became accepted as an obligation, and they are now followed by Shmoneh Esrei, the full kaddish and Aleinu. Reciting Baruch Hashem le’olam is not considered an interruption between geulah and tefillah, since it was originally adopted as a halachic obligation whereby one fulfills the mitzvah of prayer.

Later rishonim combine both the approach of Talmidei Rabbeinu Yonah and that of Tosafos to explain the origins of the blessing Baruch Hashem le’olam. For example, the Tur explains that since the shullen were in the fields, people completed the maariv that they recited as a group while it was still daylight and ended their tefillah with kaddish. Everyone then recited the Shmoneh Esrei individually, in their own homes, after dark.

I found a similar approach in a commentary by a different rishon, Rabbeinu Manoach (commentary on the Rambam, Hilchos Tefillah, 7:18), who suggests that Baruch Hashem le’olam was instituted at a time when the Jews were not permitted to pray while standing. To avoid this, the Jews recited the verses of Boruch Hashem le’olam while sitting, recited kaddish, completed the service, and went home. Beyond the watchful eyes of the persecuting government, they recited the Shmoneh Esrei at home, while standing.

A tangential point is that we see from the writings of the various rishonim that in their era both Sefardim and Ashkenazim recited Baruch Hashem le’olam as part of the daily maariv. This practice is mentioned even in Shulchan Aruch, despite the fact that he discusses usual Sefardic practice. There were individual gedolim, both Ashkenazim and Sefardim, who did not recite Baruch Hashem le’olam (Rashba, Brochos 4b, quoting Rashbam; Talmidei Rabbeinu Yonah, quoting Ramban; Rambam also makes no mention of it). However, the common practice today of Sefardim and the minhag Eretz Yisroel not to recite Baruch Hashem le’olam are both customs of later origin.

Should one stand for Boruch Hashem le’olam?

Thus, we see that according to all approaches, the brochah beginning with the words Boruch Hashem le’olam was included as a substitute for the Shmoneh Esrei, or, in other words, to fulfill the mitzvah of prayer. If that is so, should it be said standing?

The Rema 136:2 writes that people who are meticulous in their observance stand while reciting these pesukim, since they are a replacement for the Shmoneh Esrei. However, the Magen Avraham cites several authorities who disagree and contend that they should deliberately be said sitting. The Taz explains that if one intends to say Shmoneh Esrei, since he would fulfill his chiyuv with the 18 pesukim if he says them standing, he will be considered as having recited Shmoneh Esrei twice, which one is not permitted to do under ordinary circumstances. Therefore, he should recite the pesukim sitting, which demonstrates that he is reciting them only to fulfill the custom and not to fulfill his mitzvah to daven maariv.

However, if he has already said Shmoneh Esrei, such as if he skipped Baruch Hashem le’olam in order to start the Shmoneh Esrei together with the tzibur, one should recite these verses standing (Magen Avraham 236:2).

Kaddish at night

At this point, we can answer one of the questions mentioned at the beginning of the article:

“Why do we recite a kaddish immediately before Shmoneh Esrei in maariv, but not in shacharis?”

This practice dates back to the post-Gemara takkanah, when half-kaddish was recited after Baruch Hashem le’olam to end the public tefillah at this point, or to demonstrate that the requirements of tefillah had been fulfilled. Although today, one cannot fulfill his requirement to daven maariv with this brochah, the brochah of Baruch Hashem le’olam and the subsequent half-kaddish were left in place.

I also found an alternate answer to this question: We say kaddish in the evening, because we paskin that maariv is reshus, and therefore we need not be concerned about the interruption, whereas in shacharis, which is definitely a required prayer, we are concerned about the interruption (Tosafos, Brochos 4b s.v. Da’amar, quoting Rav Amram Gaon).

Interrupting maariv

Notwithstanding this last statement, the halachah is that one may not interrupt between the birchos kri’as shma of maariv and the Shmoneh Esrei (Tosafos, Brochos, 4b s.v. Da’amar). However, for important purposes, the halachic authorities allowed certain interruptions. For example, the Rashba (Shu”t 1:293) rules that on Rosh Chodesh, we may announce that people should not forget to say Yaaleh Veyavo, and the Mishnah Berurah (236:7) extends this heter to include that one may announce Al Hanissim on Chanukah and Purim, something that is not permitted in shacharis.

Conclusion: Was Yaakov’s prayer second rate?

The question is obvious: If each of the three prayers was established by one of our forefathers, why are two of these prayers obligatory, whereas the Gemara concludes that maariv is optional? Even if we understand the Gemara to mean, as some rishonim explain, that it is only relatively optional, meaning that one is required to daven maariv but it is more easily deferred, why does Yaakov’s prayer seem to get a second-rate standing? After all, he is considered the most chosen of the forefathers, bechir shebe’avos, so why should his prayer be considered of lesser importance?

The Pnei Yehoshua (Brochos 26b s.v. Mihu) explains that Yaakov never intended to create a new prayer at night – he meant to daven mincha! Suddenly, Hashem made the sun set and darkness fell early, in order to force Yaakov to stop at that place. Thus, Yaakov’s prayer was because he had missed mincha, not because he was trying to institute a prayer in the evening.

 

Do I say Yaaleh Veyavo, Retzei or both?

Since Rosh Chodesh falls on motza’ei Shabbos, I thought it appropriate to discuss:

Do I say Yaaleh Veyavo, Retzei or both?

Question #1: Is it Shabbos versus Rosh Chodesh?

“When Rosh Chodesh begins on motza’ei Shabbos, do I say Yaaleh Veyavo in bensching at seudah shelishis?”

Question #2: Why is this night of Chanukah different from all other nights?

“Chanukah begins this motza’ei Shabbos. If I finish seudah shelishis after nightfall, do I include Al Hanissim in bensching?”

Introduction

When we recite birchas hamazon on Shabbos, Yom Tov, Chol Hamoed, Rosh Chodesh, Chanukah and Purim, we include special prayers to commemorate the holiday: on Shabbos, a passage beginning with the word Retzei; on Yom Tov, Chol Hamoed and Rosh Chodesh, the opening words are Yaaleh Veyavo; and on Chanukah and Purim, Al Hanissim.

In a different article, I discussed whether one recites these additions when one’s meal was divided between a holiday and a weekday – i.e., one ate part of his meal on the holiday and part before or after; or when the change of date transpired between the eating of the meal and the bensching. Does one recite the special addition to commemorate the holiday when this happens, or does one omit it? We discovered that there are several opinions as to what to do. These are the earliest opinions that I found:

  1. When one bensches

The Rosh rules that one recites the version of birchas hamazon appropriate to when one bensches, regardless as to when one ate the meal. In his opinion, one who finished seudah shelishis after nightfall does not recite Retzei. Similarly, one whose Purim seudah ends after Purim does not recite Al Hanissim. The Rosh also holds that someone who completed a meal before Rosh Chodesh and bensches after it is dark should recite Yaaleh Veyavo.

  1. The beginning of the meal

The Maharam, as understood by the Bach and the Aruch Hashulchan, maintains that the text of the bensching is established according to what was correct when the meal began. Therefore, one who finished seudah shelishis after nightfall recites Retzei, since his meal began on Shabbos. (There is an exception – if he did something to declare that Shabbos is over, such as reciting havdalah, davening maariv, or even simply answering borchu, he does not recite Retzei any more, as it is therefore inconsistent to mention Shabbos in bensching.)

  1. All of the above

The Maharam, as understood by the Taz, contends that one adds the special prayer if either the meal began on the holiday or one is bensching on the holiday. Thus, one who finished seudah shelishis after nightfall recites Retzei, and someone who completed a meal before Rosh Chodesh and bensches after it is dark should recite Yaaleh Veyavo.

The halachic conclusion

The halachic consensus regarding someone who began his meal on Shabbos or Purim and continued it into the night is that one recites Retzei or Al Hanissim, following the position of the Maharam and not the Rosh.

Conflicting prayers

The topic of our current article adds a new aspect to this question – what to do when Rosh Chodesh or Chanukah begins on motza’ei Shabbos, and seudah shelishis started on Shabbos and was completed on Rosh Chodesh or on Chanukah. According to the Rosh, one should recite Yaaleh Veyavo or Al Hanissim, whether or not one ate on Rosh Chodesh or on Chanukah. However, the consensus of halachic opinion is that the Maharam’s opinion is accepted, in this topic, over that of the Rosh. According to those who understand that the Maharam ruled that one should always recite the text of birchas hamazon appropriate to the beginning of the meal, one should recite Retzei. Yet, many authorities follow the second interpretation of the Maharam mentioned above, that one adds the special prayer if either the meal began on the holiday or one is bensching on the holiday. What complicates our question is that there may be a requirement to recite both Retzei and either Yaaleh Veyavo or Al Hanissim, yet mentioning both in the same bensching might be contradictory in this instance, since the holiday begins after Shabbos ends. As we will soon see, whether or not this is a problem is, itself, debated by the authorities.

The earliest authority that I found who discusses this predicament is the Bach (end of Orach Chayim, 188). Regarding what to recite when seudah shelishis continues into Rosh Chodesh, he concludes that one should say Retzei and not Yaaleh Veyavo, because the beginning of a meal determines the exact text of its birchas hamazon. As I mentioned above, this is precisely the way the Bach understands the Maharam’s position – that the proper bensching is always determined by the beginning of the meal. Since the halacha follows the Maharam’s position, the Bach comfortably rules according to his understanding of the Maharam, that one recites Retzei and not Yaaleh Veyavo.

The Magen Avraham (188:18; 419:1) analyzes the issue differently from the way the Bach does. First, he considers the possibility that one can recite both Retzei and Yaaleh Veyavo. This is based on his understanding of the Maharam’s position that ending a meal on Rosh Chodesh or a different festival is reason to recite the holiday additions, even if the meal started on a weekday. However, the Magen Avraham concludes that one cannot recite both Retzei and Yaaleh Veyavo in this instance, because this is an inherent contradiction: If it is already Rosh Chodesh, it is no longer Shabbos, and if it is still Shabbos, it is not yet Rosh Chodesh. Since this is now a conundrum, the Magen Avraham concludes that one should follow the Rosh’s opinion, that one recites whatever is appropriate to be said at this moment, which means to recite only Yaaleh Veyavo. Magen Avraham contends that this practice is followed only when one ate bread on Rosh Chodesh. If he did not eat bread on Rosh Chodesh, then he should say only Retzei, following the Maharam’s opinion that the special prayers are determined by the beginning of the meal.

Chanukah on motza’ei Shabbos

The Magen Avraham also rules that there is a difference in halachah between Rosh Chodesh and Chanukah. When Chanukah begins on motza’ei Shabbos and seudah shelishis extended into the beginning of Chanukah, he rules that one should recite only Retzei and not Al Hanissim, even if he ate bread on Chanukah.

Why is Chanukah different from all other nights?

The Magen Avraham explains that, whereas when reciting Yaaleh Veyavo on a weekday Rosh Chodesh bensching is required, reciting Al Hanissim in bensching of a weekday Chanukah is technically not required, but optional. Therefore, when his meal began on Shabbos (which was as yet not Chanukah) and he is, therefore, required to recite Retzei, even if he continued the meal into Chanukah and ate bread then, the optional addition of Al Hanissim does not cancel the requirement to recite Retzei.

More opinions

Thus far, we have seen two opinions concerning what to do for the bensching of a seudah shelishis that extended into Rosh Chodesh that begins on motza’ei Shabbos:

(1) The Bach, that one should recite Retzei and not Yaaleh Veyavo.

(2) The Magen Avraham, that if he ate bread on motza’ei Shabbos he should recite Yaaleh Veyavo, but otherwise he should recite Retzei.

A third position is that, once it is Rosh Chodesh, one should recite Yaaleh Veyavo and not Retzei (Maharash of Lublin, quoted by Shelah and Taz 188:7). The Maharash maintains that since at the time he bensches it is Rosh Chodesh, the requirement to recite Yaaleh Veyavo is primary and preempts the requirement to recite Retzei, which he considers to be secondary, since it is no longer Shabbos.

Why not both?

The Taz (188:7) disagrees with all the above-mentioned positions, challenging the assumption that one cannot recite both Retzei and Yaaleh Veyavo. He concludes that since Yaaleh Veyavo is recited after Retzei there is no contradiction, since Rosh Chodesh begins after Shabbos ends. Therefore, one who ate on Shabbos and is bensching on Rosh Chodesh should recite both additions.

To sum up, someone whose meal began on Shabbos and is bensching on Rosh Chodesh, should:

  • recite Yaaleh Veyavo, according to both the opinion of the Rosh and that of the Maharash,.
  • recite Retzei, according to the opinion shared by the Bach and the Aruch Hashulchan.
  • recite both Retzei and Yaaleh Veyavo, according to the conclusion of the Taz,.

According to the ruling of the Magen Avraham, if he ate bread after Rosh Chodesh arrived, he should recite Yaaleh Veyavo. If he did not, he should recite Retzei.

Rabbi, what should I do?

The Mishnah Berurah (188:33), when recording what to do, implies that one should follow the position of the Magen Avraham. He then mentions the Taz as an alternative approach – that one should say both Retzei and Yaaleh Veyavo. This is consistent with the Mishnah Berurah’s general approach of following the Magen Avraham, except when the latter’s position is opposed by most later authorities.

The Aruch Hashulchan, on the other hand, concludes neither as the Magen Avraham nor the Taz, but that what one recites is always determined by the beginning of the meal. Therefore, in this situation, he rules to recite Retzei and omit Yaaleh Veyavo, regardless of whether one ate on Rosh Chodesh.

Since there are many conflicting positions as to which additions to recite when Rosh Chodesh begins on motza’ei Shabbos, many people avoid eating bread after nightfall. They eat all the bread that they intend to eat towards the beginning of the meal, and upon completing the seudah, recite bensching including Retzei and omitting Yaaleh Veyavo. This approach follows the majority of halachic authorities (Bach, Magen Avraham, Aruch Hashulchan, Mishnah Berurah [according to his primary approach]), although it runs counter to the opinions of the Maharash and the Taz. Those who want to avoid any question recite birchas hamazon before the arrival of Rosh Chodesh.

Conclusion

In our daily lives, our hearts should be full with thanks to Hashem for all He does for us. Birchas hamazon provides a regular opportunity to elicit deep feelings of gratitude for what Hashem has done in the past and does in the present. All the more so should we should acknowledge Hashem’s help on special holidays.

 

 

Praying for a Rainy Day when Traveling to or from Eretz Yisroel in November

Whereas in chutz la’aretz ve’sein tal umatar (the prayer for rain added to the beracha of Boreich Aleinu in the weekday shemoneh esrei) is not recited until the evening of December Fourth (this year; the exact date varies), people in Eretz Yisroel began reciting this prayer on the Seventh of MarCheshvan. This difference in practice leads to many interesting shaylos. Here are some examples:

Question #1:

Yankel, who lives in New York, is in aveilus, l”a, for his father, and tries to lead services at every opportunity. He will be visiting Eretz Yisroel during the month of November. Does he recite the prayer according to the Eretz Yisroel practice while there? Which version does he recite in his quiet shemoneh esrei? Perhaps he should not even lead services while he is there?

Question #2:

Does someone from chutz la’aretz who is currently attending yeshiva or seminary in Eretz Yisroel recite ve’sein tal umatar according to the custom of Eretz Yisroel or according to the chutz la’aretz practice?

Question #3:

Reuven lives in Eretz Yisroel, but is in chutz la’aretz on the Seventh of MarCheshvan. Does he begin reciting ve’sein tal umatar while in chutz la’aretz, does he wait until he returns to Eretz Yisroel, or does he follow the practice of those who live in chutz la’aretz?

In order to explain the halachic issues involved in answering these shaylos, we must first explain why we begin requesting rain in Eretz Yisroel on a date different from that in chutz la’aretz.

The Gemara (Taanis 10a) concludes that in Eretz Yisroel, one begins reciting ve’sein tal umatar on the Seventh of MarCheshvan, whereas in Bavel one begins reciting it on the sixtieth day after the autumnal equinox. (The Gemara’s method for calculating the autumnal equinox is not based on the solar year, but on a different calculation. The reason for this is beyond the scope of this article.) Someone who recites ve’sein tal umatar during the summer months in Eretz Yisroel must repeat the shemoneh esrei, since this request in the summer is inappropriate (Taanis 3b; Shulchan Aruch Orach Chayim 117:3).

WHY ARE THERE TWO DIFFERENT “RAIN DATES”?

Since Eretz Yisroel requires rain earlier than Bavel, Chazal instituted that the Jews in Eretz Yisroel begin requesting rain shortly after Sukkos. In Bavel, where it was better if it began raining later, reciting ve’sein tal umatar was delayed until later. This practice is followed in all of chutz la’aretz, even in places where rain is not seasonal, or where rain is needed earlier — although the precise reason why all of chutz la’aretz follows the practice of Bavel is uncertain (see Rashi and Rosh to Taanis 10a; Shu”t Rosh 4:10; Tur and Shulchan Aruch Orach Chayim 117, and my article on reciting ve’sein tal umatar in the southern hemisphere).

LOCAL CONDITIONS

If a certain city needs rain at a different time of the year, can they, or should they recite ve’sein tal umatar then? The Gemara (Taanis 14b) raises this question and cites the following story:

“The people of the city of Nineveh (in contemporary Iraq) sent the following shaylah to Rebbe: In our city, we need rain even in the middle of the summer. Should we be treated like individuals, and request rain in the beracha of Shma Koleinu, or like a community and recite ve’sein tal umatar during the beracha of Boreich Aleinu? Rebbe responded that they are considered individuals and should request rain during the beracha of Shma Koleinu.”

This means that an individual or a city that needs rain during a different part of the year should recite ve’sein tal umatar during the beracha of Shma Koleinu, but not as part of Boreich Aleinu.

NATIONAL CONDITIONS

Is a country different from a city? In other words, if an entire country or a large region requires rain at a different time of the year, should its residents recite ve’sein tal umatar during the beracha of Boreich Aleinu? The Rosh raises this question and contends, at least in theory, that a country should recite ve’sein tal umatar in Boreich Aleinu. In his opinion, most of North America and Europe should recite ve’sein tal umatar during the summer months. Although we do not follow this approach, someone who recites ve’sein tal umatar at a time when his country requires rain should not repeat the Shemoneh esrei, but should rely retroactively on the opinion of the Rosh (Shulchan Aruch and Rama 117:2). Similarly, someone in chutz la’aretz who recited ve’sein tal umatar as part of Boreich Aleinu in error after the Seventh of MarCheshvan should not repeat Shemoneh esrei afterwards, unless he lives in a country where rain is not necessary at this time (Birkei Yosef 117:3; cf. Shu”t Ohalei Yaakov #87 of the Maharikash,  who disagrees.).

With this introduction, we can now begin to discuss the questions at hand. What should someone do if he lives in Eretz Yisroel but is in chutz la’aretz, or vice versa, during the weeks when there is a difference in practice between the two places? As one can imagine, much halachic literature discusses this shaylah, although I am surprised to report that I found no discussion concerning this question dating back to the Rishonim. I found three early opinions, which I quote in chronological order:

Opinion #1

The earliest opinion I found, that of the Maharikash (Shu”t Ohalei Yaakov #87) and the Radbaz (Shu”t #2055), discusses specifically an Eretz Yisroel resident who left his wife and children behind while traveling to chutz la’aretz. (In earlier generations, it was common that emissaries from the Eretz Yisroel communities traveled to chutz la’aretz for long periods of time to solicit funds.) These poskim ruled that if the traveler is leaving his family behind in Eretz Yisroel, he should begin reciting ve’sein tal umatar on the Seventh of MarCheshvan, following the practice of Eretz Yisroel, regardless of whether he himself was then in Eretz Yisroel or in chutz la’aretz. However, if he is single, or alternatively, if he is traveling with his family, then when he begins reciting ve’sein tal umatar depends on whether he will be gone for the entire rainy season. If he leaves Eretz Yisroel before the Seventh of MarCheshvan and intends to be gone until Pesach or later, he recites ve’sein tal umatar according to the practice of chutz la’aretz. If he intends to return before Pesach, he recites ve’sein tal umatar beginning on the Seventh of MarCheshvan, even though he is in chutz la’aretz.

The key question here is, what is the criterion for determining when someone recites ve’sein tal umatar? These poskim contend that it depends on his personal need. If his immediate family is in Eretz Yisroel, it is considered that his personal need requires rain already on the Seventh of MarCheshvan. Therefore, he begins reciting ve’sein tal umatar on that date, even should he himself be in chutz la’aretz (Shu”t Igros Moshe, Orach Chayim 2:102).

Opinion #2

The Pri Chodosh (Orach Chayim 117) quotes the previous opinion (of the Maharikash and the Radbaz) and disputes their conclusion, contending that only one factor determines when the traveler begins reciting ve’sein tal umatar – how long he plans to stay abroad. If he left Eretz Yisroel intending to be away for at least a year, he should consider himself a resident of chutz la’aretz (for this purpose) and begin reciting ve’sein tal umatar in December. If he intends to be away for less than a year, he should begin reciting ve’sein tal umatar on the Seventh of MarCheshvan. Furthermore, the Pri Chodosh states that whether one leaves one’s immediate family behind or not does not affect this halacha.

These two approaches disagree fundamentally regarding what determines when an individual recites ve’sein tal umatar? According to Opinion #1 (the Maharikash and the Radbaz), the main criterion is whether one has a personal need for rain as early as the Seventh of MarCheshvan. According to Opinion #2 (the Pri Chodosh), the issue is whether one is considered a resident of Eretz Yisroel or of chutz la’aretz.

According to this analysis of Opinion #2, a resident of chutz la’aretz who intends to spend a year in Eretz Yisroel begins reciting ve’sein tal umatar on the Seventh of MarCheshvan, whereas, if he intends to stay less than a year, he follows the practice of chutz la’aretz (Pri Megadim; Mishnah Berurah; cf. however Halichos Shelomoh, Volume 1 8:28 pg. 107). However, according to Opinion #1, he would being reciting ve’sein tal umatar on the Seventh of MarCheshvan if he or his family intend to spend any time during the rainy season in Eretz Yisroel.

Opinion #3

The Birkei Yosef quotes the two above-mentioned opinions and also other early poskim who follow a third approach, that the determining factor is where you are on the Seventh of MarCheshvan. (See also Shu”t Dvar Shmuel #323.) This approach implies that someone who is in Eretz Yisroel on the Seventh of MarCheshvan should begin praying for rain, even though he intends to return to chutz la’aretz shortly, and that someone who is in chutz la’aretz on that date should not, even though he left his family in Eretz Yisroel.

Dvar Shmuel and Birkei Yosef explain that someone needs rain where he is, and it is not dependent on his residence. Birkei Yosef points out that if there is a severe drought where he is located, it does not make any difference if he lives elsewhere; he will be a casualty of the lack of water. This was certainly true in earlier generations, when water supply was dependent on local wells. Even today, when water is supplied via piping from large reservoirs, this opinion would still rule that the halacha is determined by one’s current location, and not one’s permanent residence.

Opinion #3 (the Birkei Yosef’s approach) is fairly similar to that of Opinion #1 (the Maharikash and the Radbaz), in that both approaches see the determining factor to be temporary need and not permanent residency. However, these two opinions dispute several details, including what is the ruling of someone in chutz la’aretz whose family remains in Eretz Yisroel. According to Opinion #1, this person begins ve’sein tal umatar on the Seventh of MarCheshvan, whereas Opinion #3 contends that he begins only when the other bnei chutz la’aretz do.

Why does Opinion #3 disregard his family being in Eretz Yisroel as a factor, whereas Opinion #1 is concerned with this fact? Birkei Yosef explains that praying for rain for one’s family when one is in chutz la’aretz is praying for an individual need, which one does in Shma Koleinu, not in Boreich Aleinu, since the rest of the community there has no need for rain. Opinion #1 presumably holds that praying for Eretz Yisroel when I am in chutz la’aretz is not considered praying for an individual, even though my reason to pray for rain in Eretz Yisroel is personal.

After analyzing these three conflicting opinions, how do we rule? Although the later poskim, such as the Mishnah Berurah, refer to these earlier sources, it is unclear how they conclude halachically. (See Shu”t Tzitz Eliezer 6:38, which contains a careful analysis of the words of the Mishnah Berurah on this subject.) Thus, an individual should ask his Rav what to do in each case.

TRAVELING AND RETURNING

What does one do if he travels and returns within these days? Assuming that he began to recite ve’sein tal umatar on the Seventh of MarCheshvan because he was in Eretz Yisroel (and he followed those opinions that rule this way), does he now stop reciting it upon his return to chutz la’aretz?

This question is raised by the Birkei Yosef (117:6), who rules that he continues reciting ve’sein tal umatar when he returns to chutz la’aretz.

What does one do if he is reciting ve’sein tal umatar, and the community is not, or vice versa — and he would like to lead the services? Birkei Yosef rules that he should not lead the communal services; however, if he forgot and did so, he should follow his own version in the quiet Shemoneh esrei and the community’s version in the repetition (Birkei Yosef 117:8). However, Rav Shlomoh Zalman Auerbach permitted him to lead the services, following the community’s practice in his public prayer and his own in his private one (Halichos Shelomoh 5:21; note that according to Igros Moshe, Orach Chayim 2:23, 29; 4:33 he should not lead the services.).

Let us now examine some of the shaylos we raised above:

Question #1:

Yankel, who lives in New York, would like to lead services when visiting Eretz Yisroel during the month of November.

According to all of the opinions involved, when davening privately Yankel should not recite ve’sein tal umatar until it is recited in chutz la’aretz, since he does not live in Eretz Yisroel, does not have immediate family living there, and was not there on the Seventh of MarCheshvan. As explained above, according to most opinions, he should not lead the services, since he is not reciting ve’sein tal umatar and the congregation is, whereas according to Rav Shlomoh Zalman Auerbach, he may lead the services. According to Birkei Yosef (Opinion #3 above), if he is in Eretz Yisroel on the Seventh of MarCheshvan, he should begin to recite ve’sein tal umatar then, since he now has a need for rain; he should continue to recite this prayer even when he returns to chutz la’aretz. However, in this case, when returning to chutz la’aretz, he should not lead services, according to most opinions, since he is reciting ve’sein tal umatar and they are not. If he forgot and led the services, he should recite ve’sein tal umatar in the quiet Shemoneh esrei but not in the repetition.

According to the Pri Chodosh (Opinion #2 above), if he is in Eretz Yisroel on the Seventh of MarCheshvan, he should not recite ve’sein tal umatar, since he lives in chutz la’aretz. Following this approach, he should not lead services when in Eretz Yisroel, but he may resume when he returns to chutz la’aretz.

Question #2:

Does someone attending Yeshiva or seminary in Eretz Yisroel, recite ve’sein tal umatar according to the custom of Eretz Yisroel or according to the chutz la’aretz practice?

The answer to this question will depend upon which of the above-quoted authorities one follows. According to Opinion #1 (the Maharikash, the Radbaz) and Opinion #3 (the Birkei Yosef), they should follow the practice of Eretz Yisroel, since they need the rain, while in Eretz Yisroel, even though they are not permanent Israeli residents. According to Opinion #2 (the Pri Chodosh), if they are staying for less than a year, they follow the practice of chutz la’aretz, whereas if they are staying longer, they should begin reciting it from the Seventh of MarCheshvan. Several people have told me that Rav Elyashiv ruled that they should recite ve’sein tal umatar while they are in Eretz Yisroel, unless they intend to return before the end of the rainy season.

Question #3:

Reuven lives in Eretz Yisroel, but is in chutz la’aretz on the Seventh of MarCheshvan. Does he begin reciting ve’sein tal umatar while in chutz la’aretz, does he wait until he returns to Eretz Yisroel, or does he follow the practice of those who live in chutz la’aretz?

According to Opinions # 1 and #2, he should follow the practice of those living in Eretz Yisroel, but for different reasons. According to Opinion #1, the reason is because he knows that he will return to Eretz Yisroel during the rainy season and therefore follows the practice there. According to Opinion #2, since he left Eretz Yisroel for less than a year he is considered an Eretz Yisroel resident.

Although it would seem that the Birkei Yosef (Opinion #3) would hold that he should not recite ve’sein tal umatar until the bnei chutz la’aretz do, it is not absolutely clear that he would disagree with the other poskim in this case. One could explain that he ruled only that one follows the bnei chutz la’aretz if he is there for an extended trip, but not if he is there for only a few weeks that happen to coincide with the Seventh of MarCheshvan. For this reason, when someone recently asked me this shaylah, I ruled that he should follow the practice of those dwelling in Eretz Yisroel. Subsequently, I found this exact shaylah in Shu”t Tzitz Eliezer (6:38), and was very happy to find that he ruled the same way I had. (However, Halichos Shelomoh 8:19 rules that he should recite ve’sein tal umatar in Shma Koleinu and not in Boreich Aleinu.)

CONCLUSION

Rashi (Breishis 2:5) points out that until Adam HaRishon appeared, there was no rain in the world. Rain fell and grasses sprouted only after Adam was created, understood that rain was necessary for the world and prayed to Hashem for rain.  Whenever we pray for rain, we must remember that the essence of prayer is drawing ourselves closer to Hashem.