[Avodah] Street Minyanim
Micha Berger
micha at aishdas.org
Mon May 11 15:32:56 PDT 2020
On Sun, May 10, 2020 at 10:11:49PM +0100, Chana Luntz via Avodah wrote:
> On the topic of street minyanim, and with the general back and forth on how
> to rule (I have written something on mail-jewish on this)...
Check out R' Gil Student's article on the subject.
https://www.torahmusings.com/2020/04/are-porch-minyanim-kosher/
Eh, I'll just include it here.
Tir'u baTov!
-Micha
Torah Musings
Are Porch Minyanim Kosher?
Apr 20, '20
by R. Gil Student
I. Pesach, Prayer and Bentching
In the current phase of the Coronavirus pandemic, all shuls around the
world are closed and nearly every Jew globally is praying without a
minyan. Even during its strictest period, the Israeli government
allowed a few minyanim to continue under health department guidelines.
In the US, I know of a family with ten adult men (a grandfather, father
and eight sons above 13) who continue praying as a minyan. A widely
discussed option is for neighbors to pray together on their front or
back porchs, without anyone leaving their own property. Every community
will have its own concerns about local health guidelines and the
ability to consistently follow them, as well as anti-semitism that may
be flamed by even perfectly legal and healthy minyanim. Setting all
that aside, I would like to discuss whether in theory, if not in
practice, neighbors can join together as a minyan, everyone remaining
on their own property. The matter is less simple than many people think
and is discussed by many recent responsa specifically related to
Coronavirus.
The issue begins with a Mishnah (Pesachim 85b) discussing the
definition of a house, inside which a Pesach sacrifice must be eaten on
the first night of the holiday and from which the meat may not be
removed. The Mishnah says that the house is defined as from the doorway
and inside. In the Gemara, Rav adds that the same applies to prayer but
R. Yehoshua Ben Levi disagrees. Tosafos (ad loc., s.v. ve-khen) explain
that the disagreement is about answering the prayer of a minyan if you
are outside. According to Rav, you must be inside even to answer
Kaddish and the like. According to R. Yehoshua Ben Levi, whom we
follow, you may answer even if you are outside but there must still be
a minyan inside. Therefore, if you are in the doorway or inside (i.e.
if the door closes and you are inside) then you can be counted for a
minyan. This would seem to limit a minyan to people inside one room,
even though anyone outside can join the prayers if there is a minyan in
the room.
Rav Shlomo Ben Aderet (Rashba, 13th cen., Spain; [51]Responsa, vol. 1,
no. 96) suggests comparing counting for a minyan for prayer to counting
for a zimun for bentching. In the latter, the Mishnah (Berakhos 50a)
says that if two groups are eating in different places in a house, as
long as they can see each other they can count together for a zimun.
Rashba says that this doesn't mean specifically in one house but as
long as some of the people in each group can see some people from the
other group, they all count together. Therefore, Rashba suggests, the
same may apply for a minyan. Even if people are in different buildings,
as long as they can see each other then they count for a minyan.
However, Rav Shlomo Ben Shimon Duran (Rashbash, 15th cen., Algeria;
Responsa, no. 37) rejects this suggestion. He says that zimun is
referring to two groups that each have enough people but want to join
together as one group. That cannot be compared to half a minyan in one
room and half in another room. Among Rishonim and Acharonim, the
overwhelming majority rule strictly like Rashbash and not like Rashba's
suggestion. (Although Pri Chadash, Orach Chaim 55:12 and Pri Megadim,
Mishbetzos 55:12 follow Rashba.) Because of this consensus against
Rashba, under normal circumstances you need ten men within the room in
order to constitute a minyan. The question of porch minyanim boils down
to whether we can rely on Rashba in a case of great need.
II. Modern Rulings
Rav Chaim Yosef David Azulai (Chida, 18th cen., Israel; [52]Machazik
Berakhah 55:11) discusses a case of quarantine in Italy, in which
guards would not allow people in two adjacent houses to mix. Chida felt
that if the four men of one family could stand outside the open door of
the second house which had six men so that they can all see each other,
even though the four are forbidden to enter the house, they could join
as a minyan based on Rashba's condition of being able to see each
other. However, his colleague Rav Yosef Chazan (18-19th cen., Turkey;
[53]Chikrei Lev, Orach Chaim 1:28) argues at length against following
this difficult minority opinion, even in a case of quarantine.
Citing this Chikrei Lev and many other similar strict rulings, Chief
Sephardic Rabbi of Israel, Rav Yitzchak Yosef, in a [54]recent
responsum forbids participation in a porch minyan (but allows answering
amen if such a minyan is taking place). Similarly, Rav Hershel
Schachter in a [55]recent responsum distinguishes between prayer (which
is a davar she-bi-kdushah) to a zimun (which is not), and therefore
forbids porch minyanim. Rav Schachter points to a contradiction within
Bi'ur Halakhah whether to follow Rashba or Rashbash and concludes that
we cannot rely on Rashba even in a time of great need.
Rav Asher Weiss, in a [56]recent responsum, allows relying on Rashba's
leniency in this time of great need and permits porch minyanim if
people can see each other (setting aside the issues mentioned at the
beginning of this essay). However, he points out that even regarding
zimun, you cannot join together with someone across a street.
Therefore, all the porches must be on the same side of the street. Rav
Moshe Sternbuch, in a [57]recent responsum, rules leniently also but
adds another leniency -- if the people are standing on porches 10
tefachim above street level, then they can join even across the street.
In a responsum unrelated to Coronavirus, Rav Yitzchak Zilberstein was
asked whether Jewish guards and prisoners, who are forbidden to mix,
can join for a minyan through prison bars ([58]Chashukei Chemed,
Pesachim 85b). Rav Zilberstein says that you can rely on the Chida but
is not entirely comfortable relying on it for people in a holding cell,
who will only be there for a short time. It seems that he would rule
leniently for those in long-term quarantine.
Rav Shlomo Miller, [59]in a recent responsum, takes a middle position.
He tentatively approves of porch minyanim but, out of caution, does not
allow any prayer that requires a minyan -- such as Torah reading and
the repetition of the Amidah -- except for Kaddish and Kedushah, which
he allows.
Because this is so current a question, I urge everyone to ask their
rabbi before putting anything into practice, especially considering the
other very important considerations mentioned above.
#[1]Torah Musings » Feed [2]Torah Musings » Comments Feed [3]Torah
Musings » Are Porch Minyanim Kosher? Comments Feed [4]alternate
[5]alternate
[6]Torah Musings Torah Musings Torah Musings Thinking About Jewish Texts and
Tradition
* [7]About
+ [8]About
* [9]Contact
+ [10]Contact
+ [11]Response Guidelines
+ [12]Submit Content
* [13]Sections
+ [14]Journal
+ [15]Magazine
+ [16]The Blatt
o [17]New Periodicals
o [18]Books Received
+ [19]Daily Reyd
+ [20]Audio Roundup
* [21]Jewish Law
+ [22]Halachah
+ [23]Responsa
+ [24]Halakhic Positions of Rabbi Soloveitchik
* [25]Jewish Thought
+ [26]Akedat Yitzchak
+ [27]Hashkafah
+ [28]Aggadah
+ [29]Derashos HaRan
+ [30]Mashiach
+ [31]Ramban
o [32]Ramban Bereshit
o [33]Ramban Shemot
o [34]Ramban Devarim
* [35]Authors
+ [36]Daniel Mann
+ [37]Gidon Rothstein
+ [38]Gil Student
+ [39]Joel Rich
+ [40]Others
* [41]Subscribe
* [42]Reader
Are Porch Minyanim Kosher?
Posted by: [43]Gil Student in [44]Coronavirus, [45]Halachah Musings,
[46]Magazine, [47]Musings, [48]Posts Apr 20, 20 [49]2 Comments
[50]Print Friendly, PDF & Email Print Friendly, PDF & Email
by R. Gil Student
I. Pesach, Prayer and Bentching
In the current phase of the Coronavirus pandemic, all shuls around the
world are closed and nearly every Jew globally is praying without a
minyan. Even during its strictest period, the Israeli government
allowed a few minyanim to continue under health department guidelines.
In the US, I know of a family with ten adult men (a grandfather, father
and eight sons above 13) who continue praying as a minyan. A widely
discussed option is for neighbors to pray together on their front or
back porchs, without anyone leaving their own property. Every community
will have its own concerns about local health guidelines and the
ability to consistently follow them, as well as anti-semitism that may
be flamed by even perfectly legal and healthy minyanim. Setting all
that aside, I would like to discuss whether in theory, if not in
practice, neighbors can join together as a minyan, everyone remaining
on their own property. The matter is less simple than many people think
and is discussed by many recent responsa specifically related to
Coronavirus.
The issue begins with a Mishnah (Pesachim 85b) discussing the
definition of a house, inside which a Pesach sacrifice must be eaten on
the first night of the holiday and from which the meat may not be
removed. The Mishnah says that the house is defined as from the doorway
and inside. In the Gemara, Rav adds that the same applies to prayer but
R. Yehoshua Ben Levi disagrees. Tosafos (ad loc., s.v. ve-khen) explain
that the disagreement is about answering the prayer of a minyan if you
are outside. According to Rav, you must be inside even to answer
Kaddish and the like. According to R. Yehoshua Ben Levi, whom we
follow, you may answer even if you are outside but there must still be
a minyan inside. Therefore, if you are in the doorway or inside (i.e.
if the door closes and you are inside) then you can be counted for a
minyan. This would seem to limit a minyan to people inside one room,
even though anyone outside can join the prayers if there is a minyan in
the room.
Rav Shlomo Ben Aderet (Rashba, 13th cen., Spain; [51]Responsa, vol. 1,
no. 96) suggests comparing counting for a minyan for prayer to counting
for a zimun for bentching. In the latter, the Mishnah (Berakhos 50a)
says that if two groups are eating in different places in a house, as
long as they can see each other they can count together for a zimun.
Rashba says that this doesn't mean specifically in one house but as
long as some of the people in each group can see some people from the
other group, they all count together. Therefore, Rashba suggests, the
same may apply for a minyan. Even if people are in different buildings,
as long as they can see each other then they count for a minyan.
However, Rav Shlomo Ben Shimon Duran (Rashbash, 15th cen., Algeria;
Responsa, no. 37) rejects this suggestion. He says that zimun is
referring to two groups that each have enough people but want to join
together as one group. That cannot be compared to half a minyan in one
room and half in another room. Among Rishonim and Acharonim, the
overwhelming majority rule strictly like Rashbash and not like Rashba's
suggestion. (Although Pri Chadash, Orach Chaim 55:12 and Pri Megadim,
Mishbetzos 55:12 follow Rashba.) Because of this consensus against
Rashba, under normal circumstances you need ten men within the room in
order to constitute a minyan. The question of porch minyanim boils down
to whether we can rely on Rashba in a case of great need.
II. Modern Rulings
Rav Chaim Yosef David Azulai (Chida, 18th cen., Israel; [52]Machazik
Berakhah 55:11) discusses a case of quarantine in Italy, in which
guards would not allow people in two adjacent houses to mix. Chida felt
that if the four men of one family could stand outside the open door of
the second house which had six men so that they can all see each other,
even though the four are forbidden to enter the house, they could join
as a minyan based on Rashba's condition of being able to see each
other. However, his colleague Rav Yosef Chazan (18-19th cen., Turkey;
[53]Chikrei Lev, Orach Chaim 1:28) argues at length against following
this difficult minority opinion, even in a case of quarantine.
Citing this Chikrei Lev and many other similar strict rulings, Chief
Sephardic Rabbi of Israel, Rav Yitzchak Yosef, in a [54]recent
responsum forbids participation in a porch minyan (but allows answering
amen if such a minyan is taking place). Similarly, Rav Hershel
Schachter in a [55]recent responsum distinguishes between prayer (which
is a davar she-bi-kdushah) to a zimun (which is not), and therefore
forbids porch minyanim. Rav Schachter points to a contradiction within
Bi'ur Halakhah whether to follow Rashba or Rashbash and concludes that
we cannot rely on Rashba even in a time of great need.
Rav Asher Weiss, in a [56]recent responsum, allows relying on Rashba's
leniency in this time of great need and permits porch minyanim if
people can see each other (setting aside the issues mentioned at the
beginning of this essay). However, he points out that even regarding
zimun, you cannot join together with someone across a street.
Therefore, all the porches must be on the same side of the street. Rav
Moshe Sternbuch, in a [57]recent responsum, rules leniently also but
adds another leniency -- if the people are standing on porches 10
tefachim above street level, then they can join even across the street.
In a responsum unrelated to Coronavirus, Rav Yitzchak Zilberstein was
asked whether Jewish guards and prisoners, who are forbidden to mix,
can join for a minyan through prison bars ([58]Chashukei Chemed,
Pesachim 85b). Rav Zilberstein says that you can rely on the Chida but
is not entirely comfortable relying on it for people in a holding cell,
who will only be there for a short time. It seems that he would rule
leniently for those in long-term quarantine.
Rav Shlomo Miller, [59]in a recent responsum, takes a middle position.
He tentatively approves of porch minyanim but, out of caution, does not
allow any prayer that requires a minyan -- such as Torah reading and
the repetition of the Amidah -- except for Kaddish and Kedushah, which
he allows.
Because this is so current a question, I urge everyone to ask their
rabbi before putting anything into practice, especially considering the
other very important considerations mentioned above.
2020-04-20
[60]Gil Student
* [61]tweet
*
[62]Previous: Parashat Shemini: Lessons of NonLiteral Onkelos
[63]Next: Daily Reyd
About Gil Student
Rabbi Gil Student is the Publisher and Editor-in-Chief of
TorahMusings.com, a leading website on Orthodox Jewish scholarly
subjects, and the Book Editor of the Orthodox Union's [64]Jewish Action
magazine. He writes a [65]popular column on issues of Jewish law and
thought featured in newspapers and magazines, including [66]The Jewish
Link of New Jersey, [67]The Jewish Echo and [68]The Vues. In the past,
he has served as the President of the small Jewish publisher Yashar
Books and as the Managing Editor of OU Press. Rabbi Student serves on
the Executive Committee of the [69]Rabbinical Council of America and as
Director of the Halacha Commission of the [70]Rabbinical Alliance of
America. He also serves on the Editorial Board of Jewish Action
magazine and the Board of OU Press. He has published five English
books, the most recent titled [71]Search Engine volume 2: Finding
Meaning in Jewish Texts -- Jewish Leadership, and served as the
American editor for [72]Morasha Kehillat Yaakov: Essays in Honour of
Chief Rabbi Lord Jonathan Sacks.
51. https://hebrewbooks.org/pdfpager.aspx?req=1376&pgnum=67
52. https://hebrewbooks.org/pdfpager.aspx?req=9191&st=&pgnum=37
53. https://hebrewbooks.org/pdfpager.aspx?req=1725&st=&pgnum=106
54. https://moreshet-maran.com/%D7%9E%D7%A8%D7%9F-%D7%94%D7%A8%D7%91-%D7%99%D7%A6%D7%97%D7%A7-%D7%99%D7%95%D7%A1%D7%A3/%D7%94%D7%90%D7%9D-%D7%90%D7%A4%D7%A9%D7%A8-%D7%9C%D7%94%D7%A6%D7%98%D7%A8%D7%A3-%D7%9C%D7%9E%D7%A0%D7%99%D7%99%D7%9F-%D7%93%D7%A8%D7%9A-%D7%9E%D7%A8%D7%A4%D7%A1%D7%95%D7%AA-%D7%94%D7%A8%D7%90/
55. https://7d4ab068-0603-408d-89df-fac4580e17c4.filesusr.com/ugd/8b9b1c_6f7c90c3f14b4974874d4dc813065b54.pdf
56. https://7d4ab068-0603-408d-89df-fac4580e17c4.filesusr.com/ugd/8b9b1c_52e90efdb32648a0923e318c2b1bf187.pdf
57. https://7d4ab068-0603-408d-89df-fac4580e17c4.filesusr.com/ugd/8b9b1c_72dc2b4440a74e7ea4d7c631a35ebd74.pdf
58. https://hebrewbooks.org/pdfpager.aspx?req=49719&st=&pgnum=44
59. https://static.wixstatic.com/media/8b9b1c_53622ba03ec3473cad7bf95413b948f6~mv2.jpg
More information about the Avodah
mailing list