דף הביתשיעוריםHSG

Halakhah Study Group 032

נושא: HSG




Halakhah Study Group 032

BET MIDRASH VIRTUALI
of the Rabbinical Assembly in Israel


HALAKHAH STUDY GROUP

Bet Midrash Virtuali

SHULĤAN ARUKH, ORAĤ ĤAYYIM: The Rules of Torah Reading

143:1


אין קורין בתורה בפחות מעשרה גדולים בני חורין; ואם התחילו בעשרה ויצאו מקצתן גומרים:

We do not read from the Torah with less than ten free adults; but if they started with ten and some of them left they [may] finish.

EXPLANATIONS:

1:
Reading from the Torah is a public ceremony and therefore should only take place when there is a quorum [minyan] that constitutes 'public'.

2:
The definition of what constitutes 'public' varies depending on what the ceremony is. Rabbi Karo, the author of the Shulĥan Arukh, here defines what constitutes a valid minyan for the public reading of the Torah. He says that this minyan requires the presence of at least ten adults who are free – i.e. are not enslaved. (Enslavement here is a vestige from a bygone age when Jews did possess slaves; nowadays the requirement has no practical application.) When Karo wished to define what constitutes a valid minyan for public worship [Oraĥ Ĥayyim 55:1] he gave the following definition: "ten free adult males". The difference between the two definitions is clear: in the latter case he expressly excludes women, but he does not do so in the former case.

3:
Even in the case of a minyan for public worship the situation is not nearly as clear cut as Karo would have us believe. For example, when giving his definition of a quorum for public worship the Tur writes:

The cantor then recites Kaddish, but does not do so in the presence of less than ten, because any sacred [liturgical] item, such as Kaddish or Barekhu or Kedushah is not recited in the presence of less than ten.

Similarly, Rambam in his great code Mishneh Torah [Prayer 8:4] writes:

How is public worship [conducted]? One person recites the prayers out loud with everyone listening. This is not done in this manner in the presence of less than ten free adults with the cantor being on of them.

In both these cases the absence of a qualifier for 'ten' is in striking contrast to the words of Karo.

4:
Therefore we must ask ourselves why, in the case of Torah Reading, Karo felt himself contrained to leave out the requirement that the minyan consist of males only. We have seen the answer to this already on several occasions: the Gemara [Megillah 23a] states quite explicitly that women may be included among those called to read from the Torah:

Everyone may be called as one of the seven to read from the Torah, even a woman…

The baraita just quoted also includes minors as qualified to read from the Torah and the Gemara immediately circumscribes the permission to include a woman, but as we have seen already on several occasions women have a basic right to be called to read from the Torah and so Karo could not logically exclude them from the minyan which makes this public reading possible. (Strangely enough, when defining the minyan for reading from the Torah, Rambam [Prayer 12:3] does say עשרה אנשים גדולים בני חורין but for the reasons already outlined above the word anashim must presumably be understood as 'people' and not as 'men' – "ten free adult people.")

5:
When any ceremony that requires a minyan has started with the requisite number the ceremony may be concluded even if meanwhile the number of participants has become less than ten.

DISCUSSION:

In Torah 028 I wrote that two closely related members of the same family may be called to the reading of the Torah one after the other: parent and child or two siblings.

Michael Simon writes:

Obviously the Shulchan Aruch only contemplated males being called to the Torah. Therefore, your explanation uses the words "parent and child or two siblings". What about a husband and wife? Would they fall into the prohibited category as well?

I respond:

First of all, I hope that today's shiur has clarified that Michael's first assumption is not justified: the author of the Shulĥan Arukh was well aware that the Gemara gives women the right to be called to the Torah. [See HSG 010 for further details.] But this, of course, does not vitiate Michael's main question. The thinking that suggested that siblings, for example, should not be honoured one after the other was to avoid 'the evil eye', even though according to strict halakhah such honours are permitted. Surely the same argument would apply to spouses: strictly speaking there is no halakhic objection to two members of the same family receiving sequential honours; but if the spouses concerned object because of 'the evil eye' their feelings should be respected.


Yiftah Shapir writes:

In HSG 029 you discussed the "correct way of approaching the Bimah". I lived all my life in Israel. but when I visited Conservative synagogues in the USA I "lost my direction" because in all the Conservative synagogues I visited (not too many – 5 or 6) – the Torah reader faced the audience – the exact opposite of what I was used to. In some of these synagogues the Hazzan faced the audience too. In others he /she faced the ark. but even then – for the reading of the torah the direction changed. When I was called to receive an Aliya I was confused. Should I approach the Bimah from my right hand side – or from the Torah reader's?? I would appreciate if you could elaborate a little bit more about the different customs.

I respond:

I find one word in Yiftah's message very telling: I refer to his use of the word 'audience' rather than 'congregation'. The people in a synagogue are 'worshippers' or 'congregants'; if they are a passive audience they have not fulfilled any liturgical duty at all! As far as the reading of the Torah is concerned halakhah is clear. Rambam [Mishneh Torah, Prayer 11:3] states:

A platform [Bimah] is to be set up in the middle of the hall upon which those who read from the Torah ascend.

The Tur [Oraĥ Ĥayyim 150] also states that the platform from which the Torah is read must be in the middle of the hall, but from his description of the seating arrangements it becomes clear that it is not necessary for the Torah reader to face the congregation, and some of the congregants may even have their back to the platform. I see no reason to deviate from the general rule already given: approach the bimah by the shortest route possible and if all routes are equidistant approach the bimah from your right.

As far as the Ĥazzan is concerned halakhah is very specific. During the recitation of the amidah every worshipper – congregant and Ĥazzan – must face in what is held in that locality to be the general direction of Eretz-Israel. This rule must be followed even if the ark is situated on the completely opposite wall! Therefore, during the amidah (including the repetition of the amidah) the Ĥazzan must turn towards Eretz-Israel regardless of where the ark is situated and regardless of where the congregation is seated. As far as I am aware, during other parts of the liturgy it makes no matter which way the worshipper faces – including the Ĥazzan.

More of your queries and comments next time.




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