At All Costs? Making Minyan (Part 2)

Transcription

1 1 At All Costs? Making Minyan (Part 2) Out to Minchah After a stint in yeshivah in Jerusalem, Nathan was back in the United States, working as an investment banker at a major financial advisory and asset management firm. His high-pressure job made it very difficult for him to get out to daven minchah with a minyan, especially since there were no shuls near his office in downtown Chicago. Travel time back and forth plus the time in shul was just too long for him to be away. One day Nathan did venture out to minchah in shul. He was almost finished davening when his cell phone rang with a call from his boss. Nathan, where are you? he asked. Very hesitantly, Nathan said, At prayers. Get back here and pray a different time! the boss retorted. As we see from Nathan s story, the question of davening with a minyan may involve more than just getting to shul. On the one hand, we are obligated to daven with a minyan, and on the other, a salaried worker (po el) is obligated to give his employer his money s worth the entire time he is on the job. 1 In this case, Nathan was a po el, a salaried worker who was paid for his time. Which takes precedence: his obligation to his employer, or the obligation to daven with a minyan? Was he allowed to slip out of the office for minchah in shul? What if Nathan had been not a worker but the boss, involved in managing the business, negotiating a deal, meeting with clients, or seeing patients? Walking out in the middle for prayers could certainly hurt the business and cause considerable financial loss, by ending the transaction or meeting, or forfeiting the client or patient. Would he be obligated to give up the deal and in general, take a loss for the sake of minchah with a minyan? In addition, does halachah differentiate between losing money and forgoing a profit in order to daven with a minyan? Davening on Work Time Chazal provide guidelines about which mitzvos a worker can legitimately do on salaried time, and which he cannot because of his responsibility to the employer. Employees (po alim) working for an employer say Kerias Shema and the berachos before and after; recite the berachos before and after eating; daven Shemoneh Esrei, but do not serve as the chazan leading the prayers, because it would take too much time off work (Berachos 16a, Rashi). Havineinu 1 See Chapter, Sixty-Minute Hours: Using Time on the Job.

2 2 The Gemara raises a question concerning Shemoneh Esrei. According to a Breisa, 2 salaried workers do not say the complete Shemoneh Esrei, but only an abridged version. This abridged version, printed in some siddurim, is known as Havineinu, after the opening word of the prayer. Havineinu consists of the first three berachos of Shemoneh Esrei and the last three, recited in full, plus the thirteen middle berachos, summarized in a few short lines. 3 Which workers are permitted to say the full Shemoneh Esrei on the boss s time, and which say only a quick Havineinu? The Gemara rules that it is a question of how the worker is paid. If he is paid in money, he says Havineinu. If he is paid only in food, he can say the entire Shemoneh Esrei, because the boss will be more lenient concerning the extra time he takes to daven (ibid.). We see that Chazal were very aware of the need to be conscientious on the job, even when weighed against a fundamental mitzvah like Shemoneh Esrei, and were extremely precise in defining the criteria of how to balance the two. The Shulchan Aruch rules in keeping with the Gemara (Orach Chaim 110:2). Havineinu as an Emergency Measure The Shulchan Aruch rules that there are other pressing circumstances where one is permitted to say Havineinu instead of the whole Shemoneh Esrei. Examples of pressing circumstances (she as hadechak) mentioned by the Shulchan Aruch are a traveler on the road; one who is standing in a place where he is distracted and fears that he will be interrupted; or one who cannot daven with proper concentration. 4 The Mishnah Berurah adds that when an employee is being paid for his time, the employer is more particular about that time. For the employee, his employer s strictness is considered a she as hadechak, so that the employee says only Havineinu (110:10, Mishnah Berurah). The Shulchan Aruch also points out that there are, however, certain times when Havineinu is not an option because of changes in the Shemoneh Esrei that are not included in the shortened version: in the winter, because of the added prayer for rain; for maariv on motzei Shabbos, because of the addition of Attah Chonantanu; and on holidays, when the composition of the Shemoneh Esrei is different (Orach Chaim 110:1). I only know of one person who ever said Havineinu one time. Michael, a firstyear law student at Harvard Law School, overslept the morning of a crucial exam. Faced with a choice of missing the first of his finals or skipping shacharis, he fell back on Havineninu. He made it to the exam, frazzled but on time. 2 A Breisa is a ruling from the Oral Law which was not included in the Mishnah. 3 For example, the first phrase, Havineinu Hashem Elokeinu ladaas darkecha ( Grant us understanding, Hashem our G-d, to know Your ways ), corresponds to the longer berachah, Attah chonen l adam daas ( You grant man reason ). V sislach lanu ( and forgive us ) corresponds to the berachah, Selach lanu Avinu ki chatanu ( Forgive us Hashem, for we have sinned ) (Berachos 29a, Rashi). 4 The Shulchan Aruch (ibid.) adds that Havineinu should be said standing, like a regular Shemoneh Esrei, and that it takes the place of the regular tefillah, with no need to repeat Shemoneh Esrei later on, when reaching home.

3 3 Practically speaking, later poskim no longer view Havineinu as an acceptable option. The Aruch HaShulchan 5 writes, However, in our times [over a century ago], we have never heard of anyone who davened the prayer Havineinu [instead of Shemoneh Esrei], and the reason is obvious. In former times, when people prayed with a great deal of concentration on the meaning of the prayers, Chazal instituted Havineinu for occasions when it would be impossible to concentrate properly. But now, continues the Aruch HaShulchan, in our days, we in any case do not concentrate that much on the meaning of the prayers so what justification do we have for saying Havineinu? (Orach Chaim 110:6). The Biur Halachah 6 (110:1) is even more blunt. Today, it is not customary to pray Havineinu due to being overburdened. He goes on to say, If we are going to abridge the prayers [any time that] we are busy, we will never pray a whole prayer, because we are [always] very busy, due to our many sins. Davening on the Job The writings of the poskim in later generations reflect an interesting trend. With the passage of time, employers as a whole have become more flexible in allowing workers leeway with company time. No. 1: Saying the full Shemoneh Esrei, not only Havineinu The Beis Yosef cites Hagahos Maimonios, 7 who writes that in his times, it was no longer customary for an employer to be so strict about the time it would take a worker to say Shemoneh Esrei. Workers were presumably hired with the understanding that they would be saying the regular Kerias Shema and Shemoneh Esrei, even during work hours (commentary on Rambam, Hilchos Berachos 1:9). This is the ruling in the Shulchan Aruch (Orach Chaim 110:2). No. 2: Going out to pray in a synagogue The Magen Avraham 8 (Orach Chaim 110:7) and Shulchan Aruch HaRav 9 (Orach Chaim 110:2) write that it had become customary for an employer to allow his workers to go out to the synagogue to daven with a minyan. In locations where this is accepted practice, it is permitted for the worker to take off this amount of personal time during the workday. Practically speaking, this would only apply if the synagogue is within a reasonable distance from the workplace. No. 3: Serving as chazan 5 A major commentary on Shulchan Aruch by Rabbi Yechiel Michel Epstein ( ), first published in Commentary on Shulchan Aruch Orach Chaim by Rav Yisrael Meir Kagan, the Chafetz Chaim. The Biur Halachah is a more detailed discussion of certain halachic topics in the Mishnah Berurah. 7 Commentary on the Rambam by Rav Meir HaKohen of Rothenburg ( ), a prominent thirteenth century Rishon who was killed with his family in the Rindfleisch massacres in Germany. 8 Classic commentary on Shulchan Aruch Orach Chaim by Rav Avraham Abele HaLevi Gombiner ( ), rosh yeshivah and dayan in Kalish, Poland. 9 Codification of the Shulchan Aruch, including later commentaries and responsa, by Rav Schneur Zalman of Liadi (the Baal HaTanya, ), first published in 1770.

4 4 The Mishnah Berurah (Orach Chaim 110:12) cites the ruling of the Pri Chadash: in our times, it is permitted for a worker on salary to act as chazan, as long as it will not unreasonably extend the time he takes off work. Financial Loss We can derive some principles about exemptions from tefillah b tzibbur due to financial loss from a related topic in the Gemara, where Chazal discuss another reason for not davening with a minyan: not feeling well, even if one is not seriously ill. The Gemara relates that one morning, Rav Nachman missed shacharis with the minyan. Rabbi Yitzchak said to Rav Nachman, Why didn t you come to the synagogue to pray? [Rav Nachman] replied, I was unable [to come]. Based on Rav Nachman s wording, Rashi comments that he was feeling weak, so it seems that he was not actually ill, just not feeling completely well. [Rabbi Yitzchak then] said, You could have gathered ten people and prayed in your home. Rav Nachman replied, It would have been too burdensome to do so, whether for him to assemble them, or for the other nine people to attend (Berachos 7b). We see that the Gemara mentions tirchah, a great effort or bother, as a legitimate reason for missing minyan. Based on this Gemara, the Shulchan Aruch rules that barring unusual circumstances, one should make an effort to pray in a synagogue with a minyan. However, if one is an anuss (compelled by circumstances) who cannot come to the synagogue, he should have in mind to pray at the same time that the congregation is praying (Orach Chaim 90:9). The Magen Avraham elaborates on the term anuss. He quotes Rashi on the Gemara in Berachos concerning Rav Nachman: Rav Nachman was weak, although not actually sick. Had he been sick, Rabbi Yitzchak would not have asked him why he had not come to the synagogue in the first place it would have been obvious that he had stayed home because of illness. Therefore, Rashi commented that although Rav Nachman was only feeling weak, not ill, that was still considered a compelling circumstance which exempted him from tefillah b tzibbur. Financial Loss We see, then, that an anuss is exempt from tefillah b tzibbur. Is financial duress whether loss of income, for example, being docked for time taken off for davening with a minyan or losing out on profit, for example, by forgoing a deal also considered a compelling circumstance which would allow missing minyan? The Mishnah Berurah, citing Shev Yaakov, differentiates between passing up a profit and taking a loss. He writes that if davening with a minyan will cause a financial loss, it is permitted to daven alone at home or work, or in shul without a minyan. However, one should not miss tefillah b tzibbur in order to make a profit (90:29). The Mishnah Berurah, citing Magen Gibborim, recounts an incident in the life of Rav Zalman Mireles, the rav of Hamburg. One morning he was on his way to the

5 5 synagogue for shacharis, already wearing his tallis and tefillin. Someone stopped him in the street and offered to sell him some jewels at an excellent price. This was a deal that would clearly bring in a handsome profit for the buyer. The seller wanted to go to the rav s home immediately to complete the transaction, but he asked him to wait until he returned from shul. They parted ways, and the seller found another buyer who was ready to close the deal right away. This other buyer made a very significant profit, which could easily have been Rav Zalman s. Rav Zalman was elated to have given up a sizable sum of money for the sake of tefillah b tzibbur. The line between incurring loss and forgoing gain is not always clear. A salary deduction, whether for coming late or for leaving work for the sake of tefillah b tzibbur, and certainly losing one s job, are loss, not only forfeiting profit. Avnei Yashfeh 10 (6:4), citing Rav Elyashiv, 11 of blessed memory, writes that if someone overslept and will be docked pay if he is late to his job or kollel, he is exempt from tefillah b tzibbur. This is in keeping with the ruling of the Mishnah Berurah. However, if he can make up the lost time by staying later so that no pay will be docked, he is obligated to daven with a minyan and make up any missed work later on. The Piskei Teshuvos 12 writes that if the financial loss incurred by coming late is not a significant amount for a given employee, and he would spend money on other things that are not that important, or if he would allow himself to come late to work for other reasons, he should certainly incur that expense for the sake of tefillah b tzibbur (90:9:16). Missing Transportation for Tefillah B tzibbur Avnei Yashfeh (6:5) also discusses the question of someone who has a ride or carpool to work or kollel, and overslept. If he takes the time to go daven with a minyan, he stands to miss his ride. Is he obligated to miss the ride, and then go to work by public transportation? His answer is based on the concept of walking or driving eighteen minutes 13 out of one s way in order to daven with a minyan. Eighteen minutes each way to get to shul adds up to thirty-six minutes. The Avnei Yashfeh, citing Rav Elyashiv, writes that if missing the ride or carpool will add at least thirty-six minutes to the travel time, it would be permitted to daven alone at home in order to make the ride, even if there is no financial loss involved. Spending Money to Daven with a Minyan Are we obligated to incur expense in order to daven with a minyan? How much money is considered an expense in this context? We see from the responsa on this question that apparently, the definition of expense and the obligation to spend money is relative to the individual. 10 Eight volumes of responsa by Rav Yisrael Pesach Feinhandler ( ), American-born rav and posek in Netivot and Jerusalem, the author of many works on a variety of Torah topics in Hebrew and English. 11 Rav Yosef Shalom Elyashiv of Jerusalem ( ) was revered and renowned as the posek hador, the leading halachic authority of our generation. 12 A contemporary halachic work by Rav Simchah Rabinowitz, a rav and posek in Jerusalem. 13 The time Chazal estimate that it takes to cover the distance of one mil.

6 6 Rav Sternbuch s 14 pesak is similar to that of the Piskei Teshuvos concerning coming late to work. He writes that we are not halachically obligated to spend money to get to shul, and transportation does cost a small amount of money. However, he points out, the Al-mighty sees what is in man s heart: how do we relate to other expenses? Do we spend money on personal needs which are not strictly necessary? If we allow ourselves the expense in other areas, we should be all the more willing to spend it on an important religious obligation like tefillah b tzibbur, so that our prayers will be accepted (Teshuvos V Hanhagos, vol. I, 98). Most of us routinely spend money on nonessentials, be it eating out, magazines, or expensive clothing. We should be willing to spend something on the mitzvah of tefillah b tzibbur as well. He cites Rav Chaim of Volozhin 15 (She iltos 16): From his earliest days, he only prayed with a congregation [minyan]. On one occasion he was at an inn, and he sent out wagons to the surrounding villages in order for [those who lived there] to come pray minchah with the congregation. A mourner saying Kaddish for his mother had to go out of town one evening, only returning to Jerusalem at 3:00 a.m. There had been no opportunity to daven maariv with a minyan earlier, and the night was passing quickly. He headed for what seemed to be the most likely place to find a minyan at all hours: the famous Zichron Moshe shteiblach. He discovered that even in Zichron Moshe, this was a bit late to put together a minyan for maariv there was not a soul on the premises. He called a Jewish all-night taxi company and asked them to send over six cabs. They only had five available, so he took what he could get and called another company. He asked for five cabs, and got four. When his nine drivers arrived, he told them to start their meters and come inside to be his minyan. Fortunately for him, they all agreed. The drivers donned little-used yarmulkes and went inside, but were at something of a loss. They could read the Hebrew words on the page, but knew nothing about how to actually daven. With time and patience they eventually made it through maariv, and the mourner said Kaddish. By then the meters had clocked over 90 NIS 16 apiece. He pulled out his wallet and prepared to pay upwards of 800 NIS 17 for a single maariv with Kaddish. The first driver refused the money, then the second, and then the third not one of them was willing to accept money for their share in the mitzvah. Instead, they all embraced, said goodbye, and drove off. Avnei Yashfeh (6:6) raises the question of a car owner who lives far enough from the synagogue to be exempt from walking. Would he be obligated to spend money on the gas to drive there, if he usually drives to other destinations? He writes that if he allows himself to use the car regularly, despite the cost, the expense of driving to shul for tefillah b tzibbur is not considered to be a financial loss for him. However, for someone who only uses his car when absolutely necessary, the 14 Rav Moshe Sternbuch, a contemporary posek and rosh yeshivah, is the rosh av beis din of the Eidah HaChareidis in Jerusalem and the author of a wide range of works on halachah and other topics, including the five volume Responsa Teshuvos V Hanhagos. 15 Rav Chaim of Volozhin ( ) was the premier disciple of the Vilna Gaon and the founder of the famed Yeshivah of Volozhin, known as the mother of the Lithuanian-style yeshivos. He is the author of the classic ethical work Nefesh HaChaim, Ruach Chaim, a commentary on Pirke Avos, and more. 16 Approximately $26 in 2013 currency. 17 Approximately $230 in 2013 currency.

7 7 expense of driving to shul is a legitimate consideration, and he is not obligated to spend the money. In any case, the Avnei Yashfeh continues, he is not obligated to drive more than eighteen minutes each way. Avi, a very highly qualified surgeon, had his driver s license revoked for three months for a moving violation. He always davened at the sunrise minyan in Jerusalem s Shaarei Chesed neighborhood, almost three kilometers from his home. For those three months he took taxis to shul every morning, accumulating a hefty bill in order to make his regular minyan and still get to work on time. But Avi s dedication did not end with the money. One snowy morning in Jerusalem when all forms of transportation were at a standstill, he walked for over half an hour through the freezing snow to get to shul for his minyan! Elyah Rabbah 18 (90:10) cites Responsa Beis Yaakov (70), who writes that fines should be imposed on those who do not pray in the synagogue because they are too busy making money. The fine for wealthy people should be correspondingly larger, because they have less justification to miss minyan for the sake of extra profit. The Elyah Rabbah adds that we learn from this responsum that we should not forfeit a mitzvah for money. He cites Chazal in Avos: Weigh the loss of a mitzvah against its gain. How much will we really lose by going to shul, as compared to the immense reward for tefillah b tzibbur? Missing Minyan while Traveling Many professions involve business trips, whether for meetings, conventions, continuing education, or trade shows. In numerous locales, a daily or even Shabbos minyan will not exist. More often than not these trips are not optional, but when there is an element of choice, should we try to avoid business trips that will mean davening without a minyan? When I worked for a law firm in New York, I had to travel frequently to Santa Fe, New Mexico, on company business. Not only was there no daily minyan there was barely a minyan on Shabbos. Having no choice but to make the trip, I was forced to daven b yechidus. On Shabbos we managed to pull together just enough people for a minyan. The Aruch HaShulchan (90:20) discusses the question of traveling for business, as opposed to travel for unnecessary purposes. He writes that if there is a minyan in our current location, and we will not have a minyan on the road or at our destination, we clearly should not travel out of town before praying, unless the trip is for the purpose of a mitzvah. This is true even if we leave before daylight, when it is still too early to pray. The Aruch HaShulchan writes that the reason we are not careful about this in actual practice is because when we travel it is in order to earn a living, and that is considered [to be for the purpose of] a mitzvah. It is a mitzvah to support one s wife and children. Supporting one s wife is a halachic obligation, and concerning one s children, Chazal said, One who is involved in charity at all times (Tehillim 106:3) refers to one who supports his young children (Kesubos 50a). The Tzitz 18 Commentary on the Levush on Orach Chaim by Rav Eliyahu Shapira ( ), a student of the Magen Avraham and a rav, posek and rosh yeshivah in Poland and Prague.

8 8 Eliezer 19 was asked about taking a short trip abroad for a medical conference. It was likely that there would not be a minyan there, during the week and on Shabbos. Was the questioner allowed to participate? The Tzitz Eliezer permitted it, for three main reasons: No. 1: Tefillah B tzibbur is not an absolute obligation The Tzitz Eliezer first cites the Rambam (Hilchos Tefillah 8:1), who writes that the prayers of a congregation (tzibbur) are always heard. Therefore, one should always join with the congregation, and not pray alone as long as it is possible for him to pray with a minyan. He also cites the ruling of the Shulchan Aruch (Orach Chaim 90:9), who writes that one should make an effort to pray with the tzibbur in a shul. The Tzitz Eliezer points out that neither the Rambam nor the Shulchan Aruch classify davening with a minyan as an absolute obligation (chiyuv). No. 2: Compelled by financial circumstances The Tzitz Eliezer next cites the pesak of Yad Eliyahu MiLublin (7), also cited in the Be er Heitev (Orach Chaim 90:12). The Yad Eliyahu MiLublin rules that one who is compelled by financial circumstances, and will incur financial loss because of his efforts to daven with a minyan, is not halachically obligated to lose money for the sake of tefillah b tzibbur. No. 3: Greater leniency when traveling in order to earn a living He also cites the Aruch HaShulchan: while we should not leave town before davening in the morning with a minyan, traveling to support one s family is considered a mitzvah, allowing for greater leniency. The pesak of the Magen Avraham (Orach Chaim 671:12) is similar one who is occupied with earning a livelihood is not obligated to go to shul (see also Shulchan Aruch Orach Chaim 248:4). The Tzitz Eliezer concludes that his questioner s trip to enhance his medical knowledge would also be considered travel for the sake of a mitzvah. As such, based on these principles he was permitted to attend the conference, even if it meant missing prayers with a minyan. In addition, he advised that ideally, during the days when the questioner would not be able to daven with a minyan, he should try to daven his Shemoneh Esrei at sunrise. This is the best possible time for prayer (Tzitz Eliezer, vol. 22, 5; see also Tzitz Eliezer vol. 18, 18:4). Vacationing where there is no minyan We see that the poskim rule leniently concerning missing minyan for the sake of a mitzvah, and that work-related travel in order to support a family is regarded as a mitzvah. This leniency is limited to travel for purposes of health, earning a livelihood, or a mitzvah (Halichos Shlomo, Tefillah 5:4). It does not extend to travel for a vacation. According Rav Shlomo Zalman Auerbach (ibid.) and Rav Moshe Sternbuch (Teshuvos V Hanhagos, vol. II, 63), it is not proper to vacation in a place where there is no minyan. The Shevet HaLevi is even stricter. He writes that without a 19 Twenty-two volume work of responsa by Rav Eliezer Yehudah Waldenberg ( ), rav, dayan, and rosh yeshivah in Jerusalem.

9 9 legitimate reason, it is forbidden to place oneself in a position where there is no access to a minyan (vol. VI, 21:3). Summary Based on the rulings of the poskim, Ishei Yisrael provides a summary of basic guidelines about making or missing tefillah b tzibbur (Ishei Yisrael, Chapter 12, 11-12): An employee whose employer does not mind if he leaves work to daven with a minyan is obligated to do so. According to the Mishnah Berurah, the employee is permitted to serve as chazan, if it will not cause him to take extra time away from work (Mishnah Berurah 110:12). We can miss minyan and daven alone in order to avoid losing money, but not in order to make additional profit. Citing the Kesav Sofer (Devarim 11:13), he writes that if we are careful to daven with a minyan, we are assured that we will not lack for livelihood, and that our material endeavors will be blessed. The Piskei Teshuvos, citing the great poskim, writes that even if we are technically exempt from davening with a minyan, tefillah b tzibbur is important enough to make an extra effort, even if due to our particular circumstances, we are not technically obligated. He also writes that in any case, we should certainly do what we can to eliminate any factors, such as the location where we live or work, which will prevent us from davening with a minyan. Our night s sleep should be scheduled around davening with a minyan in the morning, without falling back on leniencies due to financial loss (90:9:16). I received the following message from my brother, who was planning a business trip to Israel together with a group of fellow professors and the dean of Harvard Business School: Below are two options for my flight back from Israel. Any thoughts on the pros or cons of the 1:00 a.m. vs. 10:00 a.m. departures? Wouldn t it be hard to daven with a minyan with the 10:00 a.m. flight, or do they have minyanim at the airport? In sum, the Piskei Teshuvos concludes that our daily schedule should be carefully planned so that we never have to miss shacharis, minchah, or maariv with a minyan due to extenuating circumstances, financial loss, or the need to fulfill a mitzvah overes. 20 He writes that one who does so is fortunate, and fortunate is his lot. He reaps the benefits in this world, and the principal is preserved for him in the World to Come. Is it really possible to organize one s entire schedule around davening with a minyan? Apparently, it is. I recently heard of an extremely busy management consultant who travels widely on business, literally every week, throughout the week. One year he was saying Kaddish for both parents. Despite his impossible schedule, he made sure never to miss davening with a minyan, not even once for an entire year. 20 A mitzvah whose time will pass, and it will no longer be possible to fulfill the mitzvah.