Learning Next to the Shul

Question: I often learn in the room next to the Beis Hamedrash while they are davening. Do I need to join in for Kaddish, Kedusha, or Barchu?

Answer: The Gemara (Berachos 8b) teaches that one must not walk behind a shul while the tzibbur is davening as this creates the false impression that the person is avoiding tefilla. There are several exceptions, such as where there is another shul nearby, in which case it can be assumed that he intends to daven there. This halacha is codified by Rambam (Tefilla U’birchas Kohanim 6:1) and the Shulchan Aruch (OC 90:8).

R’ Yosef Shalom Elyashiv (cited in Rivevos Ephraim 1:89), explains that this concern applies only to someone physically present in the shul who refrains from responding. It does not apply to someone learning nearby or passing outside.

R’ Shlomo Zalman Auerbach (Halichos Shlomo Tefilla 9:5; n8) rules that someone engaged in Torah learning while a nearby minyan is davening is generally exempt from responding to devarim shebikedusha, even Amen Yehei Shemei Rabba. However, if he is in the same room or clearly visible to the tzibbur, he should respond to Kedusha and Barchu, as not doing so could appear disrespectful. If he is not nearby, there is no obligation to answer. Still, it is commendable to respond, provided it does not disturb his learning.

R’ Menashe Klein (Mishne Halachos 10:185) discusses the case of a sofer writing near a shul, and explains that since he is engaged in a mitzva, he is not required to interrupt his work in order to respond, particularly if he has already davened. In this context, he cites the view of the Rosh (Teshuvos 4:11, as brought by his son, the Tur OC 90) that one should ideally daven with the tzibbur, as distancing oneself from communal tefilla can convey the wrong impression. However, R’ Klein clarifies that this concern does not apply to someone who has already fulfilled his personal obligation of tefilla elsewhere. Similarly, the Rema (OC 90:18) rules that one should not be engaged in learning inside a shul while others are davening, but again, this restriction is limited to someone who has not yet davened.

In conclusion, one learning near a shul during tefilla is not obligated to respond to another minyan. If he is visible and silence would appear disrespectful, he should answer Kedusha and Barchu. Otherwise, he may continue learning uninterrupted, especially if he has already davened or is engaged in a mitzva.

Touring a Shul

Question: May I tour an ancient shul if I don’t intend to daven there?

Answer: The Gemara (Megilla 28a), citing the Tosefta (Megilla 2:18), prohibits using a shul inappropriately. This includes eating, drinking, or walking through it without purpose.

Accordingly, Rambam (Tefilla 11:6) and the Shulchan Aruch (OC 151:1) rule that one should not enter or stroll through a shul unless there is a specific reason to do so. The Kesef Mishna (Tefilla 11:6) explains that entering a shul simply to relax or de-stress is not permitted; one should enter only to daven or to read from the Torah.

The Talmud Yerushalmi (Shekalim 5:4) recounts that R’ Chama bar Chanina and R’ Hoshiya once walked through a shul in Lod. R’ Yitzchak Falaji (Yafeh Lelev OC 151:2) explains that talmidei chachamim may do so, as their walks are considered a form of simchas mitzva, helping to prepare the mind for Torah learning and reflection (see Shaar Hatziyon 151:9).

R’ Aharon Epstein (Kapei Aharon 16) notes that although Rambam (Tefilla 11:8) states that one should enter a shul only for a mitzva, in the following halacha (11:9), he permits entering to call a child or a friend, provided one remains briefly inside, as the very presence in a shul is itself considered a mitzva. The Bach (OC 151:3) and Elya Rabba (151:5) clarify that even standing or pausing in a shul, not only sitting, is deemed a mitzva. Based on this, entering a shul to admire its beauty and grandeur is certainly permissible.

In conclusion, it is permitted to enter a shul to appreciate its architecture or historical significance. Nonetheless, it is ideal to enhance the visit by learning some Torah or reciting a few pesukim.

Starting Shavuos Early

Question: I know that we do not normally daven maariv on the first night of Shavuos until nacht. Can we make an earlier minyan?

Answer: The Shelah (Shavuos 1) states that one must not recite kiddush or begin the Yom Tov meal on the first night of Shavuos until it is nacht (nightfall). As the Torah writes that one must count seven complete weeks of the omer, bringing Yom Tov early would diminish this. The Magen Avraham (494:1) and Pri Chadash (OC 494:1) also write that one must wait until nacht on the first night of Shavuos to recite kiddush.

However, the Yosef Ometz (850) notes that he never witnessed anyone in Germany wait until nacht to recite kiddush. He argues that waiting until nacht reduces the time available for learning on Shavuos night. Similarly, the Korban Nesanel (Pesachim 10:2) states that it is not necessary to wait until nacht to recite kiddush and begin the meal.

The Mishna Berura (261:19; Biur Halacha 261:2) discusses a machlokes about whether the mitzva of tosefes Shabbos, which involves adding time to the beginning and end of Shabbos (Rosh Hashana 9a; Yuma 81b) is miderabanan or mideoraisa. The Avnei Nezer (OC 16:12) argues that the mitzva is mideoraisa and applies equally to bringing Yom Tov in early. Consequently, R’ Yaakov Emden (Siddur Beis Yaakov, Shavuos 4) suggests that in order to fulfil tosefes Yom Tov, one should daven maariv early.

Despite this, the Taz (OC 494:1), Shulchan Aruch Harav (OC 494:2) and Mishna Berura (494:1) all maintain that one should not daven maariv before nacht. R’ Naftali Zvi Yehuda Berlin (Haamek Davar, Vayikra 23:21) explains that the Torah commands Shavuos to be observed 'on that very day', which necessitates waiting until nacht.

In conclusion, it is important to wait until nacht to daven maariv on Shavuos if that is the practice of your kehilla.

Gluten Free Sheva Berachos

Question: Is it permissible to recite sheva berachos if the chassan is coeliac and therefore unable to wash for bread?

Answer: The Gemara (Pesachim 102b) teaches that one may not fulfil two mitzvos using the same cup of wine. Tosafos explains that this is why we use two separate cups at a sheva berachos meal, one for bentching and one for the sheva berachos themselves. R’ Ovadia Yosef (Yabia Omer EH 3:11:6) infers from this that sheva berachos may only be recited when those present have eaten bread. In a later teshuva (Yabia Omer EH 6:9), R’ Ovadia quotes R’ Shlomo Kluger (Haelef Lecha Shlomo OC 93), who rules that if the chassan does not eat bread, the meal cannot be considered a seudah held in his honour, and sheva berachos may therefore not be recited. R’ Ovadia adds that the kalla must also eat bread in order for the sheva berachos to be valid (see Tzitz Eliezer 13:99:4).

R’ Sraya Deblitzky (Sova Semachos 1:19) maintains that bedieved, even if the chassan eats nothing at all, the sheva berachos may still be recited. Nevertheless, R’ Yosef Shalom Elyashiv (cited in Peninei Sheva Berachos, p.20; Hanisuin Kehilchasa 14:86:n189) rules that in a case where the chassan cannot eat bread due to coeliac disease, sheva berachos may still be said, provided he partakes in the main course of the meal.

In conclusion, provided that the others eat bread, and the chassan partakes in a substantial and satisfying meal, sheva berachos may still be recited, even if he does not wash due to dietary restrictions.

Wait Until Nacht to Count the Omer

Question: When is the best time to count the omer if I am not davening maariv with a minyan at nacht?

Answer: The Beis Yosef (OC 489:1) highlights a machlokes regarding whether one may count the omer during bein hashemashos (the time between shekia, sunset, and nacht, nightfall). The Rosh, (Pesachim 10:40), Tur (OC 489:1) and Tosafos (Menachos 66a) argue that since counting the omer is miderabanan nowadays, it is permissible to count from shekia. On the other hand, Rambam (Temidin Umusafin 7:22) and the Ran (Pesachim 28a) assert that one should wait until nacht. Following this reasoning, the Mishna Berura (489:14) states that, ideally, one should wait until nacht to count (see Aruch Hashulchan OC 489:7).

Other poskim, including the Bach (OC 489:1), Shulchan Aruch Harav (OC 489:12) and R’ Ovadia Yosef (Yechave Daas 1:23) write that it is acceptable to count after shekia.

The Shulchan Aruch (OC 489:1) advises that the omer should be counted after maariv. The Mishna Berura (Biur Halacha 489:1) quotes R’ Yaakov Emden (Mor Uketzia 489) who explains that this is because maariv is often davened before nacht. Therefore, if one davens maariv later in the evening, they should count the omer beforehand (see Shevet Halevi 6:53:3).

However, R’ Moshe Feinstein (Igros Moshe OC 4:99:1) writes that we follow R’ Yaakov Reischer (Chok Yaakov 489:16) who elucidates that we adhere to the rule of tadir kodem (giving precedence to the more common mitzva). The only reason we count the omer before reciting kiddush and havdala is that these must be performed at home, whereas it is preferable to count the omer together with others in the shul.

In conclusion, one should ideally daven maariv at nacht, followed by counting the omer. If one finds it difficult to stay up until nacht, one may count the omer with a beracha after shekia.

Kiddush in the Same Room

Question: May we recite kiddush in our kitchen if we plan to eat in the dining room?

Answer: The Gemara (Pesachim 101a) teaches that Shmuel maintains kiddush must be recited in the same location where one will eat the seuda. Rav Anan bar Tachlifa observed Shmuel reciting kiddush on the upper floor of his home. He then descended to the lower floor and repeated kiddush before beginning his meal.

However, the Shulchan Aruch (OC 273:1) rules that if kiddush is recited in one corner of the house and the meal is eaten in another part of the same house, there is no need to repeat kiddush. The Rema extends this ruling even to a sukka (see Magen Avraham 273:2). As an illustrative case, the Mishna Berura (273:5) explains that if one recites kiddush inside due to rain, and the rain subsequently stops, one may go out to the sukka to eat, without needing to repeat kiddush.

Nonetheless, the Mishna Berura (273:5; Biur Halacha 273:1) note that several authorities, including the Elya Rabba, the Vilna Gaon, and the Maamar Mordechai, disagree with the Rema on this point. They argue that an outdoor sukka, by virtue of its separate walls, is considered a distinct domain. Therefore, unless one intended from the outset to move there, or can see the sukka from the place where kiddush is recited, kiddush would have to be repeated.

R’ Yehoshua Neuwirth (Shemiras Shabbos Kehilchasa 54:9) writes that, ideally, kiddush should be recited in the very room where the meal will be eaten. This also includes an adjacent room, provided that one has a clear line of sight to the dining area and intends to eat there. For example, one may recite kiddush indoors and then eat on a balcony, as long as the balcony is visible during kiddush. Bedieved, if one recited kiddush in one room with the intention of eating in another room that is not visible, kiddush does not need to be repeated.

In conclusion, kiddush should ideally be made in the same room where the meal will take place. As long as there is visibility and clear intent, slight movement between adjacent areas, such as from a kitchen to a dining room, does not invalidate the kiddush. However, when moving to a distinctly separate location, such as an outdoor sukka, one should ensure either prior intent or visual continuity, in order to avoid the need to repeat kiddush.

Davening After Drinking

Question: Can one daven maariv after the Purim seuda if they have drunk alcohol?

Answer: The Shulchan Aruch (OC 99:1) states that a person who drinks a revi’is of wine should wait a short time before davening. If someone has consumed more than this, they are still yotze, provided they can speak coherently, as one would in the presence of a king. However, if they are unable to speak clearly, they have not been yotze and must daven again once they are sober. The Rema adds that this applies to both the amida and shema. However, one may still recite other berachos in this state. The Shulchan Aruch (OC 185:4) further clarifies that one may bentch even if their speech is slightly slurred (see Magen Avraham 185:3). Likewise, the Mishna Berura (99:8) explains that even if someone has drunk alcohol, they must still recite the shema. However, if they sober up before the latest time for reciting the shema, they should repeat it.

The Rema (OC 99:3) observes that slight drunkenness is not a concern with today’s wines, which are generally weaker than those consumed in Talmudic times, especially if one is davening from a siddur. However, the Pri Megadim (Eshel Avraham OC 99:6) advises caution when bentching or davening in such a state, even with a siddur. The Mishna Berura (99:3) suggests that since we often struggle with proper kavanna even when sober, we should not be overly stringent in this regard.

The Magen Avraham (99:1) and Mishna Berura (99:2) clarify that this rule applies only if one drank a significant amount of wine on an empty stomach. If one drank wine as part of a meal, they are generally considered sober enough to daven.

The Shaarei Teshuva (695:2), Chayei Adam (2:155:30), and Mishna Berura (695:4; Biur Halacha 695:2) all emphasise that one should avoid drinking on Purim to the extent that it interferes with fulfilling mitzvos such as davening, netilas yadayim, or reciting berachos.

In conclusion, one should refrain from drinking to the point where it prevents them from bentching or davening properly. If one has drunk enough that their words are slurred, they may still bentch and recite shema to avoid missing these important mitzvos. If one would otherwise miss davening, they should daven, provided they are reasonably sober.