Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour

Rabbi Eli J. Mansour
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Episodes

  1. 2D AGO

    Should the Hazzan Recite “Yeheh Shemeh Rabba” Out Loud?

    During Kaddish, the Hazzan must recite "Yeheh Shemeh Rabba" along with the congregation. The Mishna Berura writes that the Hazzan recites "Yeheh Shemeh Rabba" silently, and then raises his voice again when he reaches the word "Yitbarach." The work Az Nidberu (Rav Binyamin Zilber, 1916-2008) explains the Mishna Berura to mean that the Hazzan may recite "Yeheh Shemeh Rabba" silently if he so wishes, but he must then raise his voice beginning with the word "Yitbarach." This ruling, the Az Nidberu explains, is based on the Lebush (Rav Mordechai Yoffe, 1530-1612), who writes that when the congregation responds to Barechu by declaring, "Baruch Hashem Ha'meborach Le'olam Va'ed," the Hazzan also makes this declaration, and may do so silently if he so wishes. By the same token, the Hazzan may recite "Yeheh Shemeh Rabba" silently. It is unclear, however, why, according to this view, the Gemara's promise of reward for one who responds to "Yeheh Shemeh" with "all his strength" ("Be'chol Koho") does not apply to the Hazzan. We would assume that just as the members of the congregation are encouraged to respond "with all their strength," this should be true of the Hazzan, as well. The answer, as some have suggested, might be that the "Yeheh Shemeh Rabba" response is primarily for the congregation, and not for the Hazzan. The Hazzan joins only so that he does not exclude himself from the congregation. Therefore, it is not necessary for him to recite it loudly. However, there seems to be a different reason to require the Hazzan to recite "Yeheh Shemeh Rabba" aloud. The Shulhan Aruch (104:7) writes that if somebody hears Nakdishach or Kaddish while he recites the Amida, he should pause and listen attentively to the Hazzan, whereby he can be considered to have responded to Nakdishach and Kaddish. This ruling clearly assumes that the Hazzan recites the entire Kaddish – including "Yeheh Shemeh Rabba" – loudly, such that the congregants who are still reciting the Amida can listen and thereby fulfill the Misva of responding. It is possible that the Mishna Berura referred to a case where nobody in the congregation was still reciting the Amida, and for this reason, he wrote that the Hazzan does not need to recite "Yeheh Shemeh Rabba" out loud. Regardless, the accepted practice is that the Hazzan recites "Yeheh Shemeh Rabba" aloud, just like the rest of the Kaddish. In light of what we have seen, the Hazzan must have in mind when reciting Kaddish (and Nakdishach, for that matter) that his recitation should fulfill the obligation for those who are reciting the Amida and thus cannot respond. Those who wish to fulfill the Misva by listening to the Hazzan can do so only if both they and the Hazzan have this in mind, and it is therefore imperative that the Hazzan has in mind to fulfill the obligation for those who cannot respond. In fact, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) writes that if a person reciting the Amida knows that the Hazzan is unaware of this Halacha, and does not have in mind for his Kaddish recitation to fulfill the obligation for those reciting the Amida, then there is no reason for this person to interrupt his Amida prayer to hear the Kaddish. Since the Hazzan does not have in mind for his recitation to fulfill the listeners' obligation, the listeners have no possibility of fulfilling their obligation, and they might as well just continue their Amida without pausing to hear the Hazzan's recitation of Kaddish. Hacham Ovadia Yosef concurred with this ruling. Summary: During Kaddish, the Hazzan recites "Yeheh Shemeh Rabba" together with the congregation. He should do so in a loud voice – like the rest of Kaddish – and should have in mind that those who are reciting the Amida, and thus cannot respond, will fulfill their obligation by listening to his recitation.

  2. 6D AGO

    How Much Does the Congregation Say When Answering “Yeheh Shemeh Rabba” During Kaddish?

    Different views exist regarding the congregation's "Yeheh Shemeh Rabba" response during Kaddish. All agree that this response is associated with the number 28, but there is a disagreement as to how this association is to be expressed. The significance of this number in the context of the "Yeheh Shemeh Rabba" response is indicated by the Gemara, which speaks of the great rewards for reciting this response "Bechol Koho" – with all one's strength. The word "Koah" ("strength") in Gematria equals 28, and so we associate this response with the number 28. The Abudarham (Spain, 14 th century) maintained that the congregation should respond with 28 letters – "Yeheh Shemeh Rabba" through "Almaya." This response consists of seven words and 28 letters. Rav Yishak Abuhab (Spain, 14 th century), cited by the Bet Yosef, ruled that one should recite 28 words – from "Yeheh Shemeh Rabba" through "Da'amiran Be'alma." The Bet Yosef writes that the first view is incorrect, as one may not end the response after the word "Almaya." He brings a Midrash warning of grave punishment for those who make a separation between this word and the next word, "Yitbarach." This point is emphasized also by the great Kabbalist Rav Yosef Gikatilla (Spain, 13th century), who writes of the importance of not separating between these two words. Accordingly, the Shulhan Aruch writes that those who end their response with the word "Almaya" act incorrectly. The Magen Abraham (Rav Abraham Gombiner, Poland, 1635-1682) understood the Shulhan Aruch to mean that one should continue his response through the word "Be'alma," though the Magen Abraham himself maintained that one should respond only through "Almaya." Regardless, we generally follow the customs of the Arizal, who taught that one should respond through "Da'amiran Be'alma." There are some who respond through "De'Kudsha Berich Hu," but this practice has no halachic basis and is incorrect. Those who are accustomed to doing so should discontinue this practice. Among the Ashkenazim, many have the custom to respond only through "Almaya." This was the view of the Gaon of Vilna (1720-1797). He disputed the view that "Yitbarach" must be recited immediately after the word "Almaya," arguing that "Yitbarach" begins the next sentence. Nevertheless, some Ashkenazim add "Yitbarach" and conclude their response at that point. The Aruch Ha'shulhan (Rav Yechiel Michel Epstein, 1829-1908) observed that this was the prevalent practice among Lithuanian communities, despite the view of the Vilna Gaon. It is worth adding further insight into the connection between Kaddish and the number 28 – which, as mentioned, is the Gematria of the word "Koah." Rashi, in his opening comments to the Humash, writes that the Torah begins with the story of the world's creation in order to establish that the entire world belongs to G-d, as it is He who created it, and He thus had the authority to give Eretz Yisrael to the Jewish People. If the gentiles challenge our rights to our homeland – which they of course do, especially in our day and age – we must know that Hashem created the world and distributed it as He saw fit, and He decided to give us the Land of Israel. Rashi cites the verse in Tehillim (111:6), "Koah Ma'asav Higid Le'amo, La'tet Lahem Nahalat Goyim" – "He told His nation the power of His deeds, in order to give them the nations' territory." The story of G-d's "power," the creation of the world, is our response when nations challenge our right to the territory that we seized from the people of Canaan. Not coincidentally, the opening verse of the Torah ("Bereshit Bara Elokim…") consists of seven words and 28 letters – just like "Yeheh Shemeh Rabba…" – and Rashi links this verse to the verse "Koah Ma'asav Higid Le'amo," which begins with the word "Koah." Through our response to Kaddish, then, we access Hashem's unlimited power, expressed most strikingly through the act of creation, and this gives us the ability to withstand any challenge from our adversaries. It is worth noting in this context the famous Midrashic tradition that Moshe Rabbenu recited 515 prayers asking for the privilege of entering Eretz Yisrael (the numerical value of the word "Va'et'hanan"), and if he would have recited a 516 th prayer, Hashem would have had to grant his request. The commentaries explain that this 516 th prayer that Moshe would have recited was Kaddish, which begins with the words "Yitgadal Ve'yitkadash Shemeh Rabba." The first letters of these words (Yod, Vav, Shin, Resh) have a combined numerical value of 516 (10+6+300+200). This sheds additional light on the connection between Kaddish and Eretz Yisrael. When we recite and respond to Kaddish, we are asking that Hashem's Name should be glorified through our nation living in the land with the Bet Ha'mikdash under the reign of Mashiah, and this prayer has special power and significance. In light of this association between "Yeheh Shemeh Rabba" and the number 28, it is critically important to enunciate each word. If one responds too quickly, he might likely fail to pronounce the word "Min" in the phrase ("Le'ela Min Kol Birchata"), and will thus recite fewer than 28 words. The Poskim write that one should respond "Yeheh Shemeh Rabba" slowly and carefully, ensuring to properly pronounce each word. Summary: Our custom is to respond during Kaddish from "Yeheh Shemeh Rabba" through "Da'amiran Be'alma" – a total of 28 words. This number is very significant, and therefore one must ensure to respond slowly and properly pronounce all the words.

  3. FEB 6

    If One Must Choose Between Kaddish and Nakdishach

    The Shulhan Aruch writes that one should "run" to hear and respond to Kaddish. If one has the opportunity to hear the recitation of Kaddish, he should enthusiastically seize the opportunity. Sometimes, people are in a rush to leave the synagogue early, and they forfeit opportunities to hear Kaddish. Responding to Kaddish is a precious Misva, and so one should eagerly seize opportunities to do so. If a person is in a place where two different Minyanim are occurring simultaneously – such as at the Kotel in Jerusalem – and he hears one Minyan reciting Kaddish, and another Minyan reciting Nakdishach, then he should respond "Yeheh Shemeh Rabba" at the expense of responding to Nakdishach. However, this applies only if the person does not need to fulfill his Nakdishach obligation at that time – meaning, he already recited that prayer, or he will be reciting that prayer in a Minyan later. But if a person is praying with a Minyan, and as the Hazzan reaches Nakdishach he hears Kaddish from a different Minyan, then he should respond to Nakdishach in the Minyan in which he is participating at that time. In this instance, his current prayer service takes precedence over the Kaddish being recited in a different Minyan. If a person began responding "Yeheh Shemeh Rabba" to Kaddish, and at that moment he hears Nakdishach, then he should end his response after "Almaya Yitbarach" so he can respond to Nakdishach Normally, our custom is to extend our response of "Yeheh Shemeh Rabba" through "Be'alma." In this case, however, in the interest of being able to respond to Nakdishach, one should end his response with "Almaya Yitbarach." If one hears Kaddish while listening to Nakdishach, he should respond to Nakdishach as usual without interrupting to respond to Kaddish. If a person finds himself near two Minyanim, one of which is about to recite Kaddish Titkabal (the Kaddish recited after the Amida) and the other is about to recite Nakdishach, then he should join the Minyan that is about to recite Nakdishach. The reason is, quite simply, that the Minyan which is now starting Nakdishach will recite Kaddish Titkabal after the repetition of the Amida. Therefore, by going to that Minyan, one has the opportunity to hear both Nakdishach and Kaddish Titkabal. This is the ruling of the Mishna Berura. The Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Jerusalem, 1870-1939) adds that this applies even if one must pass by the Minyan reciting Kaddish to get to the Minyan reciting Nakdishach. Whereas normally it is improper to pass by a Misva opportunity, in this instance it is preferable to go to the further Minyan for the reason discussed.

  4. FEB 4

    Responding to Kaddish With Concentration

    The Gemara in Masechet Shabbat (119) teaches that responding "Yeheh Shemeh Rabba" to Kaddish "with all one's strength" has the power to annul harsh decrees. According to some versions of this passage, even if a decree of seventy years of suffering was issued against a person, he can have the decree repealed by answering "Yeheh Shemeh Rabba" with all his "strength." The common understanding of this expression – "with all one's strength" – is that it refers to full Kavana (concentration). Answering to Kaddish with concentration, focusing on the meaning of the words, has the power to annul harsh decrees. People often look for effective "Segulot," especially when they are dealing with some kind of problem or crisis, or when they have an important court case or business deal. Unfortunately, they generally overlook what might be the most obvious and most well-documented "Segula" of all – responding to Kaddish with full concentration. No matter what harsh punishment has been decreed against a person, he has the opportunity to have it annulled by responding to Kaddish properly. People who talk during Kaddish need to remember that they can gain far more by concentrating during Kaddish than they do with any conversation they have with their fellow. The "return on investment" for properly concentrating during Kaddish is far greater than we could ever imagine. The Yeser Ha'ra (evil inclination), knowing the great benefits of concentrating on Kaddish, lures a person to disregard Kaddish, and to engage in conversation instead of listening and responding properly. But speaking during Kaddish – even words of Torah! – is strictly forbidden by Halacha, and by doing so, one forfeits the immense rewards that this special prayer offers, and becomes liable to punishment, Heaven forbid. The Bet Yosef brings the story of Rabbi Hama who saw Eliyahu Ha'nabi leading thousands of camels loaded with "anger and wrath," and Eliyahu said that all this anger is for those who engage in conversation during the recitation of Kaddish. And the Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Jerusalem, 1870-1939) cites the Mateh Moshe as relating that a certain Torah scholar had a student who died young, and the student appeared to him in a dream, with an unseemly mark on his forehead. The student explained that this mark was his punishment for speaking during Kaddish. One should not fold his Tallit or Tefillin, or engage in other activity, during the recitation of Kaddish, so that he can fully concentrate on the words. This applies to all the Kaddish recitations – the Kaddishim recited during the prayer service, the Kaddish recited after Torah learning, the Kaddish recited at an Arayat, and so on. Rav Yisrael Bitan cites an opinion that this applies only when one responds, "Yeheh Shemeh Rabba," though Rav Bitan disagrees, and maintains that this is forbidden even while listening to Kaddish. He adds, however, that this is forbidden only through "Da'amiran Be'alma," which is the essential Kaddish. During the remainder of Kaddish, which is a later addition to Kaddish, it is permissible to engage in other activities. If someone fell behind during the prayers, and needs to complete the previous prayer during Kaddish, he should do so only after "Da'amiran Be'alma." Until that point, he should remain silent and respond to the Kaddish. Rav Bitan cites this ruling from the Mishna Berura.

  5. FEB 3

    Adding Unnecessary Kaddishim

    Just as it is improper to intentionally create a situation that requires an additional Beracha, it is similarly improper to intentionally create a situation requiring an additional recitation of Kaddish. For example, on the night of Hoshana Rabba, when it is customary to recite Tehillim, the group should not make unnecessary interruptions so that extra Kaddishim could be recited. Kaddish Yeheh Shelama is recited after the reading of Torah She'bi'chtab (Tanach), but it is improper to unnecessarily interrupt for the purpose of adding extra Kaddishim. Likewise, Kaddish is recited only at the designated points in the prayer service, and after a session learning, but not after other prayers or ceremonies. This is discussed already by the Rambam, in one of his published responsa. Kaddish is customarily recited after a Berit Mila only because we recite a chapter of Tehillim as part of the ceremony. Otherwise, Kaddish should not be recited. Kaddish is not recited after a Huppa, after a Pidyon Ha'ben, or after other ceremonies. If a Torah class was taught immediately before Arbit, and the class was followed by Kaddish Al Yisrael, then the Hazzan should begin Arbit with "Ve'hu Rahum," rather than with Hasi Kaddish, since Kaddish Al Yisrael was just recited. This is the ruling of Hacham David Yosef, in Halacha Berura, and this was the practice followed each day by his father, Hacham Ovadia Yosef. Rav Yisrael Bitan notes that seemingly, it should be acceptable to recite the Hasi Kaddish before Arbit in this case, since both Kaddish recitations are legitimately necessitated – the first because of the Torah class, and the second as the introduction to Arbit. Evidently, Rav Bitan writes, Hacham Ovadia felt that since the congregation begins Arbit immediately after Kaddish Al Yisrael, this Kaddish serves both purposes – concluding the Torah class, and introducing Arbit. Rav Bitan adds that this was the opinion also of Rav Mordechai Sharabi (Yemen-Jerusalem, 1908-1983) and Hacham Bension Abba Shaul (Jerusalem, 1924-1998). It must be emphasized, however, that if an interruption was made following the Kaddish Al Yisrael before Arbit, then the Hasi Kaddish should be recited before Arbit as usual. The Kaddish is omitted only if the congregation begins Arbit immediately after the recitation of Kaddish Al Yisrael. A similar situation arises on Friday night, in synagogues where the Rabbi speaks just before Arbit. Rav Meir Mazuz (1945-2025) writes that in such a case, Kaddish Al Yisrael should not be recited after the Rabbi's address, and the Hazzan should proceed to Hasi-Kaddish and Barechu. If the congregation insists on reciting Kaddish Al Yisrael after the Rabbi's talk. Rav Mazuz adds, then the service should be rearranged such that a different portion of the service requiring Kaddish – such as Lechu Neranena and Shir Hashirim – is recited after the Kaddish Al Yisrael, so the Hazzan can then recite Hasi-Kaddish before Barechu.

  6. JAN 30

    Understanding the Structure of Kaddish

    There are several different kinds of Kaddish, the first of which is commonly known as "Hasi Kaddish" – "half-Kaddish." The term "Hasi Kaddish" is actually a misnomer, as the text of this Kaddish is in fact the complete original text, composed either by the Ansheh Kenesset Ha'gedola (Men of the Great Assembly) at the beginning of the Second Commonwealth, or several generations later, by the Tanna'im. The prayers added to the other Kaddish texts were introduced later, during the period of the Geonim or the period of the Rishonim. These other texts are known to us as "Kaddish Titkabal," "Kaddish Yeheh Shelama," and "Kaddish Al Yisrael" (which is also referred to as "Kaddish De'Rabbanan"). "Kaddish Titkabal" includes a request that our prayers be answered, and it is recited after the Amida prayer, and after Shelihot. "Kaddish Yeheh Shelama" is said after the recitation of a text of Torah She'bi'chtab (Tanach), such as following an Arayat. Finally, "Kaddish Al Yisrael" is recited after a session of studying Torah She'be'al Peh (the oral Torah), such as Mishna or Gemara. This text contains a prayer for the wellbeing of the Torah scholars and their students (which is why this Kaddish is also known as "Kaddish De'Rabbanan" – the Rabbis' Kaddish). We recite this Kaddish in the morning after the Korbanot section, which includes the Mishnayot of "Ezehu Mekoman" and the Berayta of Rabbi Yishmael. It is recited again at the end of the prayer service, following the recitation of the Ketoret text which includes passages from the Gemara. This final "Kaddish Al Yisrael" after the Ketoret is known as "Kaddish Yatom" – the mourner's Kaddish, as it is recited by those in mourning for a parent. The Arizal taught that the recitation of this Kaddish by a mourner has the ability to extricate the parent from Gehinnom and bring him or her to Gan Eden. These final three Kaddish texts conclude with a prayer for peace and material blessings. The Rabbis explain that we first pray that "Yitgadal Ve'yitkadash Shemeh Rabba" – that G-d's Name should be glorified and become known throughout the world, before proceeding to ask for our personal needs. This is based on the concept that we must first pray for G-d's sake, so-to-speak, for the glory of His Name, and in this merit our personal requests will be granted. The Tur (Rabbenu Yaakob Ben Asher, Germany-Spain, 1269-1343) brings a teaching of the Midrash that if a person includes in his prayers the plea that Hashem should act for the sake of His Name ("Aseh Lema'an Shemecha, Aseh Lema'an Yeminecha…"), then he will be given the merit to greet the Shechina. We should pray not only for our own benefit, but also for the sake of the glorification of G-d's Name. This notion is alluded to in the first four words of Kaddish – "Yitgadal Ve'yitkadash Shemeh Rabba." These words begin with the letters Yod, Vav, Shin and Resh, which have the combined numerical value of 516. The Sages teach that Moshe Rabbenu prayed 515 times for the privilege of entering the Land of Israel, whereupon G-d commanded him to stop praying. Some commentators explain that Moshe was told to stop because if he had recited a 516 th prayer, then his prayer would have been accepted (and it was decreed that Moshe must not go into the land). Moshe prayed solely for the purpose of "Yitgadal Ve'yitkadash Shemeh Rabba," for the sake of the glorification of the divine Name, and not for his personal benefit, and his prayer therefore would have deserved to be accepted. When our intentions are sincere, when we pray for our needs so we can succeed in our mission in the world, the mission of bringing honor to the Almighty, then we are worthy of having our prayers answered.

  7. JAN 28

    The Special Significance of Kaddish

    The Aruch Ha'shulhan (Rav Yechiel Michel Epstein, 1829-1908) writes that the text of the Kaddish prayer was likely written by the Ansheh Kenesset Ha'gedola ("Men of the Great Assembly") during the first years of the Second Commonwealth. This prayer expresses the wish that G-d's Name should be glorified and become known throughout the world. The destruction of the first Bet Ha'mikdash marked a grave Hilul Hashem – desecration of G-d's Name – and so when Jews returned to their land and began rebuilding the Temple, the Rabbis composed this special prayer that the glory of G-d's Name should be restored. The Yalkut Yosef (Hebrew edition) notes that this theory might be supported by the Gemara's comment (Berachot 33a) that our prayers and blessings were written by the Ansheh Kenesset Ha'gedola. However, as noted by Rav Yisrael Bitan, the Gemara did not specifically mention Kaddish, and thus this proof is not conclusive. In any event, this is the opinion followed also by Rav Shlomo of Worms (Germany, d. 1096), in his Siddur. He explains that after seventy years in Babylonian exile, the Jews' primary language was Aramaic, instead of Hebrew, and for this reason the Kaddish text was written in Aramaic. A different view is presented by the Orhot Haim (Rav Aharon of Lunel, late 13 th -early 14 th century), who maintained that the Kaddish text was written several generations later, by the Tanna'im. The unique significance of the Kaddish prayer, and its precious value, is clearly expressed in several passages in the Gemara. In Masechet Berachot (3a), the Gemara tells that Rabbi Yossi was once traveling and stopped to pray in one of the ruins of Jerusalem. While he was there, he heard a voice weeping and lamenting, "Woe unto the children because of whose iniquities I destroyed My home, burned My sanctuary, and exiled them among the nations." Afterward, he was informed by Eliyahu the Prophet that this cry is sounded three times each day. However, Eliyahu added, when Jews assemble in synagogues and study halls and pronounce in Kaddish, "Yeheh Shemeh," the Almighty "nods His head," so-to-speak, and regrets having driven the Jewish People into exile. The Kaddish recitation thus arouses G-d's love and compassion, and brings the final redemption closer. Moreover, the Gemara teaches in Masechet Shabbat (119b) that if one answers "Yeheh Shemeh Rabba" with all his might, harsh decrees that were issued against him are rescinded. And the Gemara states in Masechet Sota (49a) that since the destruction of the Bet Ha'mikdash, the world's condition has been increasingly worsening, yet the world survives in the merit of "Kiddusha De'sidra" and the Kaddish recited after Torah study. ("Kiddusha De'sidra" refers to the section known to us as "U'ba Le'sion," when we cite several verses followed by their Aramaic translation.) Rav Amram Gaon (9 th century) tells that Rabbi Yishmael was once shown by an angel the horrific tragedies that were decreed to befall the Jewish People. The angel explained that new decrees are issued against the Jews every day, but these decrees are left unfulfilled in the merit of the Jews' recitation of "Yeheh Shemeh Rabba." There was once a member of our community who suffered a stroke, and the family, who heard of the great power of Kaddish to annul harsh decrees, brought a Minyan to the rehabilitation center. They prayed there with the patient, ensuring to have special Kavana (concentration) when responding "Yeheh Shemeh Rabba." The patient quickly recovered, returned to work, and lived for many years – a clear demonstration of the special power of Kaddish.

  8. JAN 27

    Situations Where One May Not Respond When Hearing Kaddish or Nakdishach

    Normally, a person who hears Kaddish or Nakdishach may respond even if he hears from a distance, and is not present with the Minyan. There are, however, exceptions to this rule. The Shulhan Aruch writes that a person standing outside a synagogue may respond to Kaddish or Nakdishach, but then adds that according to some opinions, this is not allowed if there is "Tinuf" (filth, such as a trash can), or a non-Jew, in between him and the congregation. At first glance, it appears that the Shulhan Aruch here cites two different opinions, and according to the first opinion, one may respond even if there is "Tinuf" or a non-Jew in between him and the Minyan. If so, then we follow the general rule that the Shulhan Aruch accepts the first opinion when he brings two different views, and thus one may may respond regardless of what is between him and the congregation. Hacham Ovadia Yosef, however, understands the Shulhan Aruch as clarifying his initial statement, and not as citing a dissenting view. Therefore, one may not, in fact, respond to Kaddish or Nakdishach if there is either "Tinuf" or a gentile in between him and the Minyan. The word used by the Shulhan Aruch in this context is "Akum," an acrostic that refers either to an idol – "Avodat Kochabim U'mazalot" – or to an idolater – "Obed Kochabim U'mazalot." The Magen Abraham (Rav Avraham Gombiner, Poland, 1635-1682) understood that the acrostic "Akum" in this context refers to an idol, and not to a gentile. According to this reading, a non-Jew does not interrupt between a Minyan and a person listening from a distance, and he may respond. However, Hacham Ovadia notes that in earlier editions of the Shulhan Aruch, the word used in this passage was not "Akum," but rather "Goy." It is clear that the word was changed as a result of censorship, as Jewish communities needed to avoid giving the impression of looking disdainfully upon their non-Jewish neighbors, and so texts that might be misunderstood as such were occasionally emended. Hence, the Magen Abraham's reading is incorrect, and even the presence of a non-Jew in between a person and the Minyan creates an interruption, preventing him from responding. Since the Shulhan Aruch used the word "Goy" – "gentile" – and not "Obed Kochabim" – "idolater," this Halacha applies to all gentiles, even to those who do not worship idols. The Rambam famously ruled that Muslims are not considered idol-worshippers, since they believe in a single Deity who created the world. For the purposes of this Halacha, however, the non-Jew's religious beliefs are irrelevant, and his presence is considered an obstruction regarding the ability to respond to Kaddish and Nakdishach. The Magen Abraham and Mishna Berura asserted that the Rama (Rav Moshe Isserles, Cracow, 1530-1572) disputed this entire Halacha, and maintained that the presence of filth or of a gentile does not affect the ability to respond to Kaddish or Nakdishach. Nevertheless, Sephardic practice follows the Shulhan Aruch's ruling. It must be noted that this entire discussion refers to the case of a person who is not inside together with the Minyan, and there is a gentile in between him and the Minyan. In such a case, the presence of the Shechina needs to extend from the Minyan to the person standing at a distance, and this extension can be obstructed. A gentile's presence inside the Minyan, however, has no effect whatsoever. If, for example, a political figure is visiting the synagogue, or a congregant has a non-Jewish aide helping him in the synagogue, it is certainly permissible for everyone to respond to all the prayers, even if the non-Jew stands in between a person and the Hazzan. Although there is an opinion among the Poskim that is stringent in this regard, the consensus follows the lenient position. One example where this problem arises was noted by the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), who describes how it was common in Baghdad for merchants to display their wares in the hallways of synagogues. If a person was in the hallway of such a synagogue, he needed to ensure that the non-Jewish merchant was not standing in between him and the sanctuary. Another situation where this could arise is an airport. If ten men find an area to pray, and someone joins their Minyan from a distance, he may not answer unless he ensures that no gentiles come in between him and the Minyan. This could arise also when a person hosts a catered event in his home, and a Minyan is formed in the living room. If someone wishes to participate in the Minyan from the kitchen, he must ensure that non-Jewish workers are not standing in between him and the Minyan. Some Poskim place a very significant limitation on this entire Halacha, maintaining that it applies only if the person can see the "Tinuf" or the non-Jew in between him and the Minyan. But if, for example, a person lives near a synagogue, and he hears the prayers through the window, then he may respond even if there is "Tinuf" or a gentile in between. This is the view taken by the Gaon of Vilna (1720-1797) and by Rav Shlomo Zurafa (Algeria, 1785-1859). Although others seem to disagree with this ruling, it is accepted as Halacha by Hacham Ovadia Yosef, in Yehaveh Da'at, and by his son, Hacham David Yosef, in Halacha Berura. This Halacha becomes relevant in the case of a person who hears a live broadcast of a prayer service. Some congregations arrange a livestream of the Tefila for the benefit of those who are unable to attend due to health reasons, or for those in remote areas without a Minyan. The accepted Halacha is that although one cannot fulfill his obligation to recite a text – such as the reading of Megilat Ester on Purim – by listening via telephone or some other communication system, one can respond to Berachot, Kaddish and Nakdishach if he hears the recitation through a live broadcast. Quite obviously, there is "Tinuf" and gentiles in between the individual listening to a broadcast and the synagogue miles away where the prayers are being recited. Nevertheless, Hacham Ovadia ruled that one may respond, in light of the aforementioned ruling that everything in between may be disregarded if it cannot be seen. A Minyan may be formed even though non-Jews live in the same building, above the Minyan. Hacham Ovadia writes that there is no source whatsoever for the notion that the presence of gentiles above a Minyan obstructs the prayers from ascending to the heavens. Therefore, it is entirely permissible to pray on a ground floor even though gentiles are present above the Minyan. Summary: If a person hears Kaddish or Nakdishach from outside the area where the Minyan takes place, he may respond, unless there is "Tinuf" (filth) or a non-Jew in between him and the Minyan. If, however, the "Tinuf" or the gentile cannot be seen – such as if a person hears a Minyan from a window in his home – then he may respond. Therefore, a person who hears a Minyan via livestream may respond. A gentile's presence in the synagogue, or in the area where the Minyan is held, has no effect, and everyone in the room may respond.

  9. JAN 22

    Forming a Minyan When a Narrow Room Extends Into a Wider Room

    In order for ten men to form a Minyan, they must all be situated in the same room. In some circumstances, though, two rooms might perhaps be considered a single room. One such situation is where a narrow room opens into a wider room. If some men are in the narrow room, and some are in the wider room, can they form a Minyan? The basic principle in such a situation is that a minority of the people can be seen as joining the majority if the majority is in the large room, but not in the reverse case. Meaning, if nine men are together in the wider space, and one man is in the narrower space, they can form a Minyan, because we view the lone individual in the smaller space as if he is together with the other nine in the larger area. In the converse case, however, they cannot form a Minyan. Meaning, if nine men are in the smaller area, and one is in the larger area, we cannot view the lone individual in the larger area as being together with the other nine. If five people are in the larger room and five in the smaller room, then in this case, too, they cannot form a Minyan. If the Hazzan is in the narrow room, and everyone else is in the wider room, then we may view them as being together, such that they form a Minyan. If there is a Minyan in the smaller space, and some people are in the larger space, the Hazzan must be a person situated in the smaller space. No one in the larger area can serve as Hazzan.

  10. JAN 20

    Can a Person Outside a Window be Counted Toward a Minyan?

    If nine men are assembled in a room, and a tenth men is outside by the window, can this tenth men be counted so a Minyan can be formed? It is clear that the fellow outside cannot be counted if the window is closed. Even if the window is open but there are security bars running across the area of the window, the man cannot count toward the Minyan. Regarding the case of an open window, different views exist among the Poskim. The Bet Yosef cites Rabbenu Yeruham (1290-1350) as ruling that the fellow outside does not count toward the Minyan, unless he brings his head and the main part of the body through the window. This is the view accepted by the Hayeh Adam (Rav Abraham Danzig, Vilna, 1748-1820). The Bet Yosef then cites the more lenient ruling of Rav Yishak Abuhab (Spain, 14 th century) that it suffices for the person to put his head inside through the window for him to be counted toward the Minyan. Thirdly, the Bet Yosef cites the position of Rav Hai Gaon (Babylonia, 939-1038), brought by the Orhot Haim, that if the man outside "shows them his face" then he may be counted toward the Minyan. The Bet Yosef posits that these final two views actually are the same opinion, expressed in different words, though he is uncertain what this opinion is. It is possible, he writes, that Rav Hai Gaon agreed that the fellow outside must bring his head into the room through the window, but his position was not made clear in the citation in the Orhot Haim. Conversely, it is possible that Rav Yishak Abuhab agreed that it suffices for the person to merely show his face to the people inside, and does not actually have to bring his head through the window. A number of other Rishonim (the Radbaz and Rav Moshe Ibn Habib) ruled clearly that the individual must bring his head inside the room through the window in order to count toward the Minyan, perhaps giving us reason to assume that this was the view also of Rav Yishak Abuhab and Rav Hai Gaon. This question is debated by later Poskim. The Magen Abraham (Rav Abraham Gombiner, Poland, 1635-1682) and the Peri Hadash (Rav Hizkiya Da Silva, 1659-1698) ruled leniently, that nine men in a room can form a Minyan with a tenth man outside a window if he faces them through the window. The Hida (Rav Haim Yosef David Azulai, 1724-1806), in Mahazik Beracha, cites those who require the person to bring his head through the window, and then brings those who rule leniently, that it suffices for the tenth men outside to face the nine men inside. As for the final Halacha, although the Mishna Berura follows the lenient view, the Kaf Ha'haim (Rav Yaakov Haim Sofer, Baghdad-Jerusalem, 1870-1939) ruled stringently, that the person outside must bring his head inside the room to be counted. This is the position followed by Hacham David Yosef, in Halacha Berura, and this is the Halacha according to Sephardic practice. Summary: If nine men are in a room, and a tenth man is outside a window that is completely open, they can form a Minyan if the man outside brings his head inside through the window.

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