Selected Halachos Related to Parshas Toldos
By Rabbi Doniel Neustadt
A discussion of Halachic topics related to the Parsha of the
week. For final rulings, consult your Rav.
SELECTED HALACHOS RELATING TO PARSHAS TOLDOS
CHAZARAS HA-SHATZ - WHAT FOR?
Until modern times, the accepted norm was for all Jewish men to daven in
shul three times a day. Even the amei ha-aretz, the people who were not able
to daven on their own, were careful to meet their twice-a-day obligation to
recite Kerias Shema and its blessings, and to daven Shemoneh Esrei at
Shacharis and Minchah in shul(1). To assist the amei ha-aretz with their
davening, the sheliach tzibbur was instructed to recite the parts of
davening which were not commonly known by heart(2) in a loud and clear
voice, so that everyone would be able to hear every single word. Indeed,
even those who were able to daven on their own did not bother to do so,
since they were able to satisfy their obligation by listening to the
sheliach tzibbur and concentrating on his words(3).
When it came to Shemoneh Esrei, however, this system proved inadequate. The
Rabbis did not want the people who were able to daven on their own to
fulfill their obligation of Shemoneh Esrei by merely listening to the
sheliach tzibbur; Shemoneh Esrei is an intensely personal encounter with
Hashem where one throws himself at His mercy and entreats Him according to
his unique situation and desires. Consequently, the Rabbis ruled that anyone
who can recite Shemoneh Esrei on his own cannot get by on the sheliach
tzibbur's coat-tails, so to speak. But what to do with the amei ha-aretz who
were unable to daven on their own? The solution was a new Rabbinical takanah
(ordinance) which stated that whenever a tefillah b'tzibur takes place, the
Shemoneh Esrei must be repeated out loud for the benefit of those who cannot
daven on their own(4).
It must be stressed, however, that even before this widely-accepted takanah
was instituted, the Shemoneh Esrei was often repeated, sometimes completely
and sometimes partially. Surely, whenever an am ha-aretz was spotted, the
sheliach tzibur repeated the Shemoneh Esrei for his benefit. Even when there
was no am ha-aretz present the first three blessings of the Shemoneh Esrei
were recited out loud(5) in order for the congregation to be able to say
Kedushah. In other communities the last part of the Shemoneh Esrei, too, was
repeated, so that Bircas Kohanim could be recited(6). But it was not until
this takanah was established and implemented that it became mandatory for
Shemoneh Esrei to be repeated in its entirety, regardless of the
circumstances(7).
It is for this reason that the Rambam(8) rules that even nowadays when amei
ha-aretz no longer frequent shuls and there is hardly anyone to repeat the
Shemoneh Esrei for, we must still observe the takanah. The Rambam explains
that when the takanah was enacted initially, it specifically included all
situations - whether amei ha-aretz were present or not. The Rambam compares
this takanah to another one - the recitation of Magen avos on Friday night
after Shemoneh Esrei for the benefit of those who come late to shul. Once
established, Magen avos is recited as a matter of course - whether or not
there are late comers. So, too, with the takanah of chazaras ha-shatz; it is
always recited regardless of the circumstances(9).
THE ROLE OF THE SHELIACH TZIBBUR
An obvious question arises: Why did the Rabbis require the sheliach tzibbur
to daven twice - could he not stand by in silence while the congregation
recites their silent Shemoneh Esrei? Does it not seem that his silent
tefillah is extraneous?
The Talmud answers that before the sheliach tzibbur recites the Shemoneh
Esrei in order to exempt the congregation, he should prepare exactly how he
is going to say it(10). Thus his silent Shemoneh Esrei serves as a trial run
for his "real" Shemoneh Esrei - the one that he will recite aloud for the
benefit of the congregation.
It follows, therefore, that the nusach of the trial prayer be the same
nusach as the "real" one; otherwise it is not much of a practice. For
example, one who normally davens nusach Sefarad but is serving as a sheliach
tzibbur for an Ashkenaz congregation must daven nusach Ashkenaz for his
silent Shemoneh Esrei as well, since his silent prayer is actually only a
practice run for his "real" Shemoneh Esrei(11).
A sheliach tzibbur who made a mistake during his silent Shemoneh Esrei
(e.g., he forgot Ya'aleh v'Yavo on Chol ha-Moed) does not need to repeat it;
rather, he may rely on the chazaras ha-shatz which is his "real" Shemoneh
Esrei anyway(12). [If this happened in Ma'ariv, however, he must repeat the
Shemoneh Esrei after Aleinu, except on Friday night, when he can rely on
Magen avos.]
A sheliach tzibbur who missed an earlier tefillah and needs to make it up
may do so through his present chazaras ha-shatz. He must have in mind that
his chazaras ha-shatz is serving a dual purpose(13).
THE ROLE OF THE CONGREGATION
Shulchan Aruch rules that at lease nine people must listen intently to the
entire chazaras ha-shatz. If not, the blessings that the sheliach tzibbur
repeats are "akin to" a berachah l'vatalah(14).
The reason for this is based on our earlier explanation of chazaras
ha-shatz. Nowadays, the main objective of chazaras ha-shatz is to fulfill
the Rabbinical takanah. But it is clear that the takanah can be fulfilled
only when a minyan is present and listening to the repetition of Shemoneh
Esrei(15). If a quorum is not paying attention, then the sheliach tzibbur is
not meeting the terms of the takanah and his berachos are being recited for
no purpose. Because of the severity of this potential problem, Shulchan
Aruch rules that every person should view himself as if he is one of only
nine people paying attention to the repetition and that his undivided
attention is essential for the sheliach tzibbur to avoid reciting a berachah
l'vatalah(16). Thus it is highly improper for anyone to learn, recite
Tehillim or make up parts of davening during chazaras ha-shatz, even if he
attempts to pay attention and answer amen in the correct spots(17).
If it is improper to engage in other spiritual endeavors during chazaras
ha-shatz, it is strictly forbidden to engage in sichas chulin, mundane
conversation, during chazaras ha-shatz. Shulchan Aruch reserves
uncharacteristically strong language for a person who does so. He is
referred to as "a sinner" and as "one whose sin is too great to be
forgiven." The poskim report that "several shuls were destroyed on account
of this sin"(18). In addition, conversing during chazaras ha-shatz causes
chillul Hashem, since it unfortunately lends support to the widely-held
perception that non-Jews are more careful than Jews to maintain proper
decorum in a house of worship(19).
FOOTNOTES
1 Shemoneh Esrei of Ma'ariv was initially established as a voluntary prayer,
and was not obligatory until a much later period in history.
2 Pesukei d'Zimrah, which consists of Tehilim which everyone knew by heart,
and Kerias Shema itself, which was taught to every child, were not recited
out loud by the sheliach tzibbur but rather by each worshipper individually;
see Tur O.C. 49, Shenos Eliyahu (Berachos 1:1) and Emes l'Ya'akov (Berachos
2a).
3 It seems that until the days of the Rosh, who lived in the thirteenth
century, this was the prevalent custom in many areas. The congregation
listened quietly as Yishtabach and Birchos Kerias Shema were recited out
loud by the sheliach tzibbur. [The only exception was when a pasuk from the
Written Torah was recited; then the entire congregation recited those
pesukim out loud in unison; see Tur and Darkei Moshe O.C. 49]. Only in later
times, when it became difficult to hear every word and to concentrate solely
through listening, did the congregation chant along with the sheliach
tzibbur. At first they chanted along in an undertone, so as to not disturb
those who were listening to the words. After a while the original custom
fell into disuse and everyone recited everything out loud; see O.C. 59:4 and
Beiur ha-Gra, Mishnah Berurah and Beiur Halachah, ibid.
4 As is true for all mitzvos, there are mystical, Kabbalistic reasons for
chazaras ha-shatz as well. Indeed, according to the Arizal, chazaras
ha-shatz is a higher level of tefillah than the silent Shemoneh Esrei; see
Kaf ha-Chayim 124:2.
5 Sometimes before the silent Shemoneh Esrei and sometimes after; see Beiur
Halachah 124:2.
6 Aruch ha-Shulchan 124:3. See Har Tzvi 1:61.
7 Bach O.C. 124 and Aruch ha-Shulchan, ibid.
8 Responsum quoted in Beis Yosef O.C. 124.
9 Despite the Rambam's unequivacal ruling to this effect, it is an
historical fact that when the Rambam and his son R' Avraham resided in
Egypt, they canceled chazaras ha-shatz during Minchah for the entire country
because they could not get the congregants to quiet down and answer amen to
the sheliach tzibbur's repetition.
10 Similar to a ba'al Koreh who is required to practice the Torah reading
before he reads it publicly - whether he is familair with it or not;
Machatzis ha-Shekel 124:3.
11 Igros Moshe O.C. 2:29 based on Magen Avraham 124:3.
12 O.C. 126:4.
13 Mishnah Berurah 108:4.
14 O.C. 124:4.
15 An individual cannot exempt another individual from Shemoneh Esrei, even
if the second individual is unable to daven.
16 In addition, once chazaras ha-shatz was established as a congregational
obligation, it becomes mandatory for each individual member of the
congregation as well, similar to kerias ha-Torah; Minchas Shelomo 2:4-15.
17 Mishnah Berurah 124:17. If there aren't at least nine people paying
attention to the sheliach tzibbur, then it is strictly forbidden to learn,
etc. during chazaras ha-shatz, since doing so causes berachos l'vatalah to
be recited; Igros Moshe O.C. 4:19. See also Tzitz Eliezer 11:10.
18 Mishnah Berurah 124:27.
19 Aruch ha-Shulchan 124:12. [It is permitted, though, for a rav who is
asked an halachical question during chazaras ha-shatz to answer it; ibid.]
Weekly-Halacha, Copyright © 2000 by Rabbi Neustadt, Dr. Jeffrey Gross and
Project Genesis, Inc.
Rabbi Neustadt is the principal of Yavne
Teachers' College in Cleveland, Ohio. He is also the Magid Shiur of a daily
Mishna Berurah class at Congregation Shomre Shabbos.
The Weekly-Halacha Series is distributed L'zchus Hayeled Doniel Meir ben
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