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.

Chazzan Interrupting Others

Question: May a chazzan take three steps back after completing his silent amida if someone is davening behind him?

Answer: The Gemara (Berachos 27a) teaches that one must not walk in front of someone davening the amida.

Rambam (Tefilla 5:6) codifies this halacha, stating that it is forbidden to pass within four amos in front of them. The Shulchan Aruch (OC 102:4) clarifies that this prohibition applies only to walking in front, whereas walking alongside is permitted. However, the Mishna Berura (102:17) cites the Zohar, which is stringent even regarding walking beside someone who is davening.

The Magen Avraham (102:6) explains that walking in front of another person disrupts their kavana during davening. The Ginas Veradim (OC 1:39) and Chayei Adam (1:26:3) add that the area where one davens is imbued with the shechina, making it improper to create a separation between the one davening and the shechina’s presence (see Mishna Berura 102:15).

R’ Shlomo Zalman Auerbach (Tefilla 9:1) writes that a chazzan should not take three steps back in front of someone who is davening. Instead, he should wait and only step back only after chazaras hashatz.

Nonetheless, the Aruch Hashulchan (OC 102:13) states that in a shul where the chazzan is waiting for the Rav to finish, the Rav may take three steps back regardless, so as not to cause tircha detzibbura, an unnecessary burden on the community. R’ Eliezer Waldenberg (Tzitz Eliezer 7:23:6) applies this reasoning to a chazzan waiting to conclude his silent amida in order to begin chazaras hashatz. He adds that if the chazzan refrains from stepping back, it may cause confusion.

Similarly, R’ Moshe Feinstein (Igros Moshe OC 4:70:8) emphasises that taking three steps back is an integral part of the amida, akin to bowing when reciting modim. Likewise, R’ Moshe Sternbuch (Teshuvos Vehanhagos 4:33) cites the Chazon Ish, who holds that the chazzan should ideally take three steps to the side rather than backward, thereby following the Shulchan Aruch’s lenient view (see Ishei Yisrael 29:16).

In conclusion, a chazzan may take three steps back after his silent amida if someone is davening within four amos behind him. However, if possible, he should step to the side instead, to avoid walking directly in front of them.

Omitting Tachanun on a Yahrzeit

Question: I was davening shacharis in a shul where they skipped tachanun, though most people didn’t know why. When I asked the chazzan afterwards, he explained that it was a tzaddik’s yartzheit. Should I have recited tachanun?

Answer: The Shulchan Aruch (OC 131:6) lists various days on which tachanun is omitted due to the simcha associated  with the day, such as Rosh Chodesh and Chanuka.

The Mishmeres Shalom (12:4) and Minhag Yisrael Torah (OC 131:3) record a minhag to omit tachanun on the yahrzeit of a tzaddik. They cite Rashi (Yevamos 122a), who notes that it was common practise for talmidei chachamim to gather together to learn on the yahrzeit of the amaoraim, referring to such days as regalim, auspicious occasions.

Nonetheless, R' Ovadia Yosef (Yabia Omer OC 3:11:9) strongly opposes this practice, asserting that tachanun should not be omitted unless there is a solid halachic basis. If one were to follow this minhag consistently, tachanun would never be recited, as every day marks the passing of great Torah figures from biblical times until today. This would effectively nullify the recitation of vidui and tachanun altogether. On the contrary, the Shulchan Aruch (OC 568:1) prescribes fasting on the yahrzeit of tzaddikim rather than celebrating. The Kaf Hachaim (OC 568:24) even suggests adding vidui, acknowledging that the loss of tzaddikim results from communal sins. The Minchas Elazar (Divrei Torah 3:83; Nimukei Orach Chaim 131) also vehemently opposes this minhag, calling it foolish and laughable.

R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 13:n7) writes that if it is the established minhag of a shul to omit tachanun on the yahrzeit of their Rebbe, one should follow the kehilla and refrain from saying it. However, R' Ovadia Yosef, R’ Benzion Abba Shaul (Ohr Letzion 2:9:2), R’ Moshe Feinstein, R’ Yosef Shalom Elyashiv (cited in Tefilla Kehilchasa 15:n37), and R’ Chaim Kanievsky (cited by Ishei Yisrael 25:n37) maintain that one should still recite it discreetly.

In conclusion, if one finds oneself in a shul that omits tachanun due to a yahrzeit, they should recite it privately and unobtrusively.

Concluding Chazaras Hashatz

Question: I often see the chazzan take three steps back and forward after finishing his chazaras hashatz. Is this necessary?

Answer: The Gemara (Yoma 53b) teaches that one should take three steps back upon completing the amida. The Shulchan Aruch (OC 123:1) explains that this is done by turning first to the left, then to the right, and finally bowing forward while reciting ‘oseh shalom..’. This gesture is compared to a servant taking leave of their master.

The Beis Yosef (OC 123:1) provides several explanations for this practice. Quoting the Shibolei Haleket (18), he notes that stepping backward symbolises leaving the sacred space of prayer and re-entering the mundane world.

The Shulchan Aruch (OC 123:4) rules that the chazzan should only take three steps back after completing his silent amida, not after chazaras hashatz. However, the Rema adds that if the chazzan has not yet recited his own silent amida, he is required to take three steps back after chazaras hashatz.

The Beis Yosef and Magen Avraham (123:11), quoting the Terumas Hadeshen (13), explain that the chazzan can rely on the three steps he will take after reciting the kaddish shalem. Nevertheless, the Pri Megadim (Mishbetzos Zahav OC 123:9) and Mishna Berura (123:18) emphasise that the chazzan must avoid any interruptions or talking before reciting kaddish shalem, particularly on Mondays and Thursdays when there is leining.

The Kaf Hachaim (OC 123:28) adds an exception: if the chazzan is passing on the role to another person to lead the remainder of the davening and will therefore not be reciting kaddish shalem himself, he should take three steps back.

In conclusion, the chazzan does not take three steps back after chazaras hashatz unless he will not be reciting kaddish shalem.

Barechu After Davening

Question: I noticed that barechu is recited at the end of shacharis and maariv in Eretz Yisrael, but not in my shul. If someone arrives late and misses barechu, is it appropriate to recite it afterward?

Answer: The Beis Yosef (OC 133) quotes the Rivash (334), who notes that some objected to the practice of reciting barechu at the conclusion of davening. Barechu serves as an introduction to the berachos before Shema, much like a zimmun serves as an introduction to bentching. He observes that Rambam does not mention this practise.

However, the Rema (OC 133:1; Darchei Moshe 69) justifies the practice, explaining that it is recited at the end of davening for the benefit of latecomers who may have missed the earlier recitation. On Shabbos and Yom Tov, however, this repetition is generally omitted, as it is presumed that everyone arrived on time for barechu (see Mishna Berura 133:2).

The Ben Ish Chai (Rav Poalim OC 4:8) and Kaf Hachaim (OC 133:1) maintain that barechu should always be repeated, even on Shabbos and Yom Tov, for kabbalistic reasons.

The Magen Avraham (69:1, quoting the Rema Mipano 84), Shulchan Aruch Harav (OC 69:4) and Mishna Berura (69:intro) write that barechu should only be repeated if someone in the tzibbur arrived late and missed it, unless omitting it would cause a machlokes.

The Mahari Abuhav (cited by the Beis Yosef OC 69:1) argues that barechu should not be repeated unless it is followed by actual berachos, as this avoids the appearance of heresy, where one invites others to bless Hashem but no berachos are recited.  Nonetheless, the Rema (Darchei Moshe OC 69:1) disputes this concern, reasoning that the tzibbur’s response, “Baruch Hashem ha’mevorach le’olam va’ed,” fulfils this requirement (see Magen Avraham 69:1; Ohr Letzion 2:5:15).

In conclusion, the practice of repeating barechu at the end of davening varies significantly between communities. In many kehillos, particularly sefardi ones and those in Eretz Yisrael, barechu is recited at the conclusion of shacharis and maariv daily, while some repeat it only during the week. In some cases, only individuals who arrived late are expected to recite barechu after davening, while other kehillos avoid repeating it altogether.