Shiva and Respecting the Sanctity of the Shul: Difference between pages

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Regarding building, selling, dismantling a Shul building see [[Halachot_of_the_Building_of_the_Shul]]
One whose relative has passed away has an obligation<ref>There is a difference of opinion as to whether this obligation is derabanan or deoraisa, see below.</ref> to engage in several practices of mourning. The week of mourning, which begins (under normal circumstances) from the time of burial and continues for seven days, is colloquially referred to as "shiva" and is associated with several laws and customs.
==Appropriate Mind-frame for Shul==
# One should not be involved in light-headedness, frivolity, idle chatter, eating, or drinking in a Shul.<Ref>Shulchan Aruch 151:1</ref>
# One should not lounge around or adorn oneself in the Shul. <Ref>Shulchan Aruch 151:1</ref>


==For Whom Does One Sit "Shiva"==
==Speaking in Shul or Bet Midrash==
# There are seven relatives for whom one is obligated to mourn: one's (1) father, (2) mother, (3) son, (4) daughter, (5) sister, (6) brother, and (7) spouse.<ref>Shulchan Aruch Y.D. 374:4. The Rambam in Hilchos Avel 2:1 considers the obligation of mourning for a spouse  to be Midivreihem, which most (cf. Lechem Mishnah there) assume to mean that it is derabanan (although this is not the understanding of the Kesef Mishnah there). Ramban, however, in Toras HaAdam (Chavel ed.) page 213 believes that it must be deoraisa. Additionally, Ramban writes (to Vayikra 21:3) that mourning for one's married sister, or a married sister mourning for her brother, is only derabanan.</ref> One who is not biologically related to the deceased 'relative' is not obligated to mourn for them.<ref>Thus, an adopted child, strictly speaking, does not need to mourn for his/her parents. However, some have the practice to do so anyway out of respect and gratitude for their adopted parents. Pischei Teshuvah 374:3 writes that one should mourn for his/her step-parent.</ref>
# It’s utterly forbidden to act frivolously in a Shul or Bet Midrash in any way such as laughter, vane speech, or humor.<Ref> S”A 151:1 </ref>
# A ger (convert) is not obligated to mourn for his relatives.<ref>Rama 391:1, against the opinion of the Mordechai in Maseches Semachos</ref>
# It’s forbidden to speak about non-holy matters in a shul or Bet Midrash including speech about business or an occupation.<Ref> Mishna Brurah 151:2 </ref>
# The Rabbis decreed that one whose immediate relative (i.e. one of the seven described above) is in mourning should also act as if he himself is in mourning, as long as he is in the presence of his mourning relative.<ref>Gemara Moed Kattan 20b, Shulchan Aruch 376:6. See Tosfos there regarding one's spouse's relative</ref> Today, however, some believe that this rule is no longer in effect.<ref>Hagahos Maimoni Avel 2:2 writes that the mourners can forgo this right to have their relatives mourn with them, and so the Rama in 376:6 writes that it is assumed that today everyone relinquishes this right.</ref>
# Similarly, it’s forbidden to read or write secular subjects in a Shul or Bet Midrash.<Ref> Rav Nevinsal in BeYitzchak Yikra on Mishna Brurah 151:2 </ref>
# Generally speaking, one does not mourn for a deceased person who has rebelled against Judaism,<ref>Sanhedrin 47a, Shulchan Aruch Y.D. 304:5 and Shach 304:8 (applying the Rosh and Mordechai Moed Kattan 886) that even one who sinned only for pleasure, but repeatedly, is also excluded from being mourned), </ref> or one who committed suicide,<ref>Maseches Semachos 2:1, Shluchan Aruch Y.D. 345:1, against the opinion of Ramban in Toras HaAdam pg. 83</ref> although there are many possible exceptions to this rule, so every case must be determined by a qualified posek.<ref>cf. Chasam Sofer Sh"T Y.D. 326, Ritva Avodah Zarah 18a, Birkei Yosef Y.D. 341:2, Kol Bo Aveilus 1:4:3:39, Yabia Omer vol. 2, no. 24 miluim 15</ref>
# It’s much worse of a transgression to speak forbidden speech such as [[Lashon Hara]], Rechilut, or starting fights in a Shul or a Bet Midrash in the place where the Shechina dwells.<Ref> Mishna Brurah 151:2 </ref>
# One does not mourn for a baby born prematurely who dies within thirty days of its birth, although there is considerable debate regarding how to determine "premature" in this context.<ref>Cf. Niddah 44b, Shulchan Aruch Y.D 374:8, Rama E.H. 156:4</ref>
# In a Bet Midrash, one shouldn’t say G-d Bless you or LaBriyut or Gezuntite when someone sneezes. Nowadays, some are lenient because many aren’t so caeful about not speaking mundane speech in a Bet Midrash and some are strict because it’ll cause people to speak mundane speech in the Bet Midrash. It seems everyone will agree that in middle of learning it’s forbidden to say it.<Ref> S”A Y”D 246:17 writes that one may not say [[Refuah]] when someone sneezes based on the Gemara [[Brachot]] 53a. Levush Y”D 246:17 brings the halacha as in S”A. The Perisha Y”D 246:36 writes that perhaps nowadays we can be lenient considered that many aren’t strict about mundane speech in the Bet Midrash in general. The Shach Y”D 246:16 and Aruch HaShulchan Y”D 246:33 quote the Perisha as halacha. However, the Taz Y”D 246:6 argues that there’s no reason to be more lenient and it’ll cause people to speak mundane speech in the Bet Midrash. [Bear Hetiev Y”D 246:9 quotes the dispute the perisha first and the Taz second.] S”A HaRav (Hilchot Talmud Torah 4:11) and Yalkut Yosef (Kitzur S”A Y”D 245-6 #33) agree with the Taz. S”A HaRav clarifies that it’s forbidden to answer Asuta even not at the time of learning as long as one’s in a Bet Midrash, and all the more so, when one is learning. </ref>  


==When Aveilus Begins and Ends==
==Sleeping in Shul or Bet Midrash==
# Normally, aveilus begins from the end of the burial.<ref>Moed Kattan 27a (and elsewhere), according to R' Yehoshua regarding turning over the bed. Rashi (Kesuvos 4b) as understood by Ramban (Toras HaAdam pg. 156), holds that aveilus begins from the time that the casket is covered, even before it is placed in the ground, and the burial is only relevant if the body is buried without a casket. However, Shach (Y.D. 373:11) disputes this interpretation of Rashi, and Tosfos (Kesuvos 4b) write that aveilus begin when the stone covering is placed over the grave, or, if there is none, then it begins from the time that the relatives turn away from grave, having considered their burial complete. Bach (Tur Y.D. 375) believes that the Shulchan Aruch paskens like Rashi, but the based upon the Shach just cited, most assume that the aveilus does not begin until the end of the burial. According to Badei Hashulchan 375:2 quoting Daas Torah, the burial is not considered complete until the customary mound of earth is made marking the grave.</ref><ref>Although it is true that the aveilus does not begin until the completion of the burial, the period of aninus (at least for the purpose of davening) appears to end beforehand, from the beginning of the burial. Both Magen Avraham (O.C. 71:1) and Aruch Hashulchan (Y.D. 341:28) write that as soon as the body or casket begins to be covered by earth, the relatives may daven.</ref> Technically, the aveilim can keep their leather shoes on until they get home, but the custom is to remove them immediately after the burial.<ref>Ramban Toras HaAdam pg. 154, Shulchan Aruch 375:1. Badei Hashulchan Biurim "ve'achshav" writes that this may in fact be required according to the Magen Avraham O.C. 554:17, but the Aruch Hashulchan 375:5 writes that this is merely a custom which developed in order to symbolically display the onset of aveilus.</ref>
# One may not sleep (even a temporary sleep) in a shul, but in a bais medrash it is permitted to take a temporary sleep. A talmid chacham may sleep in a shul or a beit midrash.<Ref>Mishna Brurah 151:15-6 </ref>
# A relative who is not accompanying the meis to the place of burial begins the aveilus from the time that (s)he turns away from the meis,<ref>Moed Kattan 22a.</ref>  as long as the burial is far enough that those relatives will certainly not make it to the burial.<ref>Shulchan Aruch Y.D. 375:2. Ramban (Toras HaAdam pg. 162, based on Rambam Avel 1:5) writes that this is only the case if the meis is being brought to a faraway city, and according to the Dagul Merevavah to Shach 375:1 is how the Shulchan Aruch paskens. However, the Behag (as quoted by Ramban, ibid.) appears to pasken that the relatives begin aveilus from the time that they turn away regardless of where the burial will be, and the Shulchan Aruch quotes this Behag in Y.D. 399:14. According to the Dagul Merevavah and Chachmas Adam (Matzeves Moshe 9), if the burial occurs in the same city, but a relative turns away from the procession and will certainly not return, such as on erev Yom Tov, this too would be enough to start aveilus.</ref> However, if the burial is being done in the city's cemetery, the aneinus ends without the aveilus beginning until those who were busy with the burial return<ref>Ramabn Toras HaAdam pg. 163, Shulchan Aruch Y.D. 375:2 as interpreted by Aruch Hashulchan 375:8 and paskened by Igros Moshe Y.D. 1:253 and Badei Hashulchan 375:11. However, Radbaz Sh"T 4:63 understands that even according to Ramban, once night falls, or once the relatives can be certain that the burial has occurred, they begin aveilus even if the burial occurred within their city despite not being present at the burial itself. See also Minchas Shelomo 1:91:25 regarding contemporary situations. In some situations, if the head of the family does not accompany the meis to the burial, then even the relatives who have stayed behind begin aveilus only after the burial. See Tosfos Moed Kattan 22a, Shulchan Aruch Y.D. 375:2</ref>
# One may not sleep in a Shul, however it is permitted to sleep temporarily in a Bet HaMidrash.<Ref>Shulchan Aruch 151:3</ref>
# Aveilus is not practiced for the full seven days, but ends on the morning of the seventh day, because we say that מקצת היום ככולו, part of the last day counts as if it were a whole day.<ref>Moed Kattan 19b</ref>
==Eating in Shul==
# Although it is generally forbidden to eat in a shul, seuda shlishit may be eaten in a shul especially when words of Torah are spoken at the meal. <ref> Yechave Daat 3:10. Shulchan Aruch 151:4 permits eating a seudat mitzvah in a shul. Even the Mishna Brurah 151:20 agrees but cites the Magen Avraham who forbids a large meal with wine in a shul even for a mitzvah. </ref>
# Any seuda for a mitzvah is permissible as long as it doesn't lead to palaver.<ref> Yabia Omer 10:14. Hacham Ovadia Yosef zt"l cites brit milah, pidyon haben, and azkara as examples of mitzvot which grant permission to eat in synagogue </ref> However, liquor may not be served.<ref> Yabia Omer 10:14 </ref>
# A Talmud Chacham may eat or drink in a Shul if it is necessary.<Ref>Shulchan Aruch 151:1</ref> Some say that a Talmid Chacham may eat or drink in a Bet Midrash. <Ref>Rama 151:1</ref>


==Prohibitions for the Avel==
==Entering Shul for Your Benefit==
# The avel is prohibited from working or leaving the house
# If one needs to get someone who is in a Shul, one should walk inside, learn a little bit and then call that person. If one does not know how to learn one may wait inside the Shul a little bit (the time it takes to walk 8 [[Tefachim]]) and then call that person, since just sitting in a Shul is a mitzvah.<Ref>Shulchan Aruch 151:1</ref>
# washing/bathing/anoiting
# One should not enter the Shul to protect oneself from the sun or rain.<Ref>Shulchan Aruch 151:1</ref>
# wearing shoes
==Doing Mundane Activities in Shul==
# tashmish hamitah
# One should not perform calculations, unless it is for a mitzvah in a Shul.<Ref>Shulchan Aruch 151:1</ref>
# learning Torah
==Eulogies in a Shul==
# greeting others
# Eulogies should not take place in a Shul unless it is a eulogy for one of the great people of the town and everyone is coming to the eulogy.<Ref>Shulchan Aruch 151:1</ref>
# Today, the custom is not to turn over the beds or wrap one's head.
# laundering clothing and wearing freshly laundered clothing
# haircutting and shaving
# other practices
==Tefillin for a Mourner==
# On the first day of Shiva, if the burial is was on the same day as the passing, an Avel may not wear Tefillin, as the first day is most bitter.<ref>
'''The Basics''' <br />
The Gemara (Berachot 11a and 16b, Succah 25a, Moed Kattan 15a, and Ketubot 6b) learns from the fact that Hashem told Yechezkel to put on his Tefillin while mourning for his wife that a regular Avel may not do so. <br />


Elsewhere (Moed Kattan 21a), the Gemara presents two Machalokets between R' Eliezer and R' Yehoshua. In the first, R' Eliezer holds an Avel is prohibited from wearing Tefillin (Hanacha) until the third day, and R' Yehoshua holds until the second day. Additionally, R' Yehoshua holds that, if the Avel put on Tefillin on the days he's permitted to, if Panim Chadashot (people who have not yet been Menachem him) come to visit, he must take them off (Choletz). R' Eliezer, on the hand, holds that he does not need to (Eino Choletz). The Amoraim debate the final Halacha and conclude that the Halacha follows R' Yehoshua regarding Hanacha and R' Eliezer with respect to Chalitzah, once the Avel puts them on on the second day.<br />
==Using it as a Shortcut==
'''Miktzat HaYom KeKulo and the Rishonim'''<br />
# One may not use a Shul for a shortcut. However, if the Shul was built in place of a path, it is permitted to continue using that path even after the Shul was built.<Ref>Shulchan Aruch 151:5</ref>
Seemingly, the Gemara is employing the Halachic mechanism of Miktzat HaYom KeKulo in allowing him to put on Tefillin only from some point on the second day. See the exact text of the Gemara and Rashi for a clearer picture.<br />
==Owning a Seat in Shul==
In codifying this Halacha, the Rif and Rambam (Hilchot Avel 4:9) only write that an Avel may not wear Tefillin on the first day and seem to make no mention of the second day. In fact, the Rambam's use of the words "ביום הראשון בלבד" seem to clearly indicate that he understood the Gemara in its most minimal sense.<br />
# If a person sat in a particular seat in shul for three years straight even if he wasn't in on occasion or he changed his seat for avielut he can establish a right to that seat.<ref>Rashba (responsa 1:943), Rama CM 140:8. See also Meiri b"b 29a.</ref>
The Rosh (Moed Kattan 3:23) begins unsure if the Rif implies the Miktzat HaYom is implemented from Netz or from after davening. He concludes that the Miktzat HaYom is fulfilled from Netz.<br />
The Ramban (Torat HaAdam, Shaar HaAvel, Inyan HaAvelut 67) quotes the Raavad who holds that the Miktzat HaYom is only completed from after Shacharit. He also picks up on the lack of a second day in the Rif and explains that it must be the Rif held the Mikzat HaYom was fulfilled with the preceding night, making the entire second day appropriate for putting on Tefillin. He also quotes the Yerushalmi, which makes no indication that there should be a Miktzat HaYom in the first place. See also Rosh ibid 3:3.<br />
Regarding the need for a Miktzat HaYom in the first place, Tosafot (ibid) says it's a din MiDeRabbanan, and the Ramban (ibid) quotes the Raavad that it's lehashlim the Aveilut.<br />
The Tur (OC 38:5) quotes just the language of the Rif. The Beit Yosef extrapolates from the Rosh that, even though Laylah is Zeman Tefillin, since it's Assur to wear them at night, one needs a Miktzat HaYom during the day itself to be able to wear them. The Ran (Succah, on the Rif 11b), who quotes the Ramban above, on the other hand, must hold that even though Laylah is not Zeman Tefillin, it still counts for Miktzat HaYom, since the Avel is still prohibited from wearing them. See Rambam Hilchot Tefillin 4:10.<br/>
In Yoreh Deah (388), the Tur paskens the Gemara as explained above and then says how Yesh Omrim the Miktzat HaYom is from after davening, and the Rif and Rosh paskened from Netz (see Bach). Here, the Beit Yosef is very terse and seems to even equate the Rosh with the Rambam (see Ohr Letzion vol. 1 OC Siman 6, as this could be an additional proof to his thesis).<br />
The Shulchan Aruch in Yoreh Deah paskens like the Rosh that the Miktzat HaYom is from Netz, as does the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12).
</ref>
# If the burial is not on the day of passing, as is very common nowadays, many Poskim hold that the Avel is, in fact, obligated to put on Tefillin, while others firmly believe that he is still forbidden from doing so. According to those who hold one should wear them, one should do so in a closed room without a Beracha.<ref>
The Maharitatz (Chiddushim on Eizehu Neshech, quoted by Be'er Heitev (38:5) and Pitchei Teshuvah (YD 388) famously holds that the reason why the Avel is not allowed to wear Tefillin on the first day is because it's Min HaTorah, which is only when the burial and passing are on the same day. Therefore, when the burial takes place the next day and Avelut is subsequently MiDeRabbanan, the Avel is in fact Chayav in Tefillin. The Taz (OC 38:3), and Dagul Mervava, Birkei Yosef, and Mishnah Brurahh disagree. <br />
The Acharonim have have a field day taking sides for or against the Maharitatz in this Machaloket, the true scope of which is most suited for a Teshuva in Yabia Omer (vol. 2 YD Siman 27). <br />
Among recent Acharonim, the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12; Od Yosef Chai, Vayera 11, 12, 45), Kaf HaChaim (OC 38:16), and Ohr Letzion (vol. 1, OC Siman 6) pasken against the Maharitatz. At the same time, due to the great number of Acharonim who do pasken like the Maharitatz (including R' Yitzchak Elchanan and the Chazon Ish, see Yabia Omer ibid for the full list), Rav Shlomo Zalman Auerbach (Halichot Shlomo: Tefillah, Perek 18, 5), Rav Ovadia Yosef (Yabia Omer ibid), and the Piskei Teshuvot (38, Seif Kattan 6) pasken that one should wear them privately without a Beracha. See Magen Avot (Lebhar, Yoreh Deah volume, Siman 388) where he brings the Moroccan Minhag not like the Maharitatz and claims the rest of the world holds that way, as well.
</ref>
# The Minhag is to wear Rabbeinu Tam Tefillin during Avelut.<ref>The Chidah (Birkei Yosef) paskened that one shouldn't wear Rabbeinu Tam Tefillin, as it's a Machaloket HaMekubalim and Shev ve'al Ta'aseh Adif. The Ben Ish Chai (ibid and Od Yosef Chai Vayera 11, 12, 45) claims that the Minhag in Yerushalayim and Baghdad was like the Rashash to wear Rabbeinu Tam Tefillin,  so he disagrees with the Chidah. This is also the opinion of the Kaf HaChaim (OC 38:21), who says that, among other considerations, based on the Siddur HaChidah and the fact that we wear them beTorat Chiyuv, the Avel should wear them. HaRav David Yosef (Halacha Brurahh 38:5:13) also paskens this way.</ref>


==Aveilus on Shabbos and Yom Tov==
==Running to and from Shul==
# One is prohibited to display signs of mourning on Shabbos and Yom Tov.
# When one is on one's way to Shul or going to do any mitzvah, it is a mitzvah to run even on [[Shabbat]]. <ref>Shulchan Aruch 90:12</ref>
# When one arrives at Shul one shouldn't run inside, but rather one should walk with awe and trepidation like one is walking before a king.<ref>Magen Avraham 90:24, Mishna Brurah 90:41, Kitzur Shulchan Aruch 12:11</ref>
# It is forbidden to run when one is leaving Shul.<ref>Shulchan Aruch 90:12</ref>
==Mechitza==
# During davening it is integral to have a mechitza to separate between men and women.<ref>Igrot Moshe 1:41, Yalkut Yosef (Kriyat Hatorah Vbet Hakenest Mdinei Hahanahaga Bkotel n. 2), Ishei Yisrael 28:9</ref> However, there is no need for a mechitza to separate between men and women for non-mitzvot activities such as a mundane meal.<ref>Rav Moshe Feinstein in Igrot Moshe 1:41 cites the Pesachim 86b that speaks about a bride eating a korban pesach together with the rest of the group which would consist of several families and up to 50 or 100 people. He concludes that isn’t necessary to have a mechitza for non-mitzvah activities, such as a meal but excluding davening or learning. However, he has a doubt about wedding meals if they need a mechitza to separate between the men and women.</ref>
# If a shul has a women's section which isn't level with the men's section, some hold that the mechitza needs to be so tall that the men can't see the women.<Ref>Yalkut Yosef (Otzar Dinim Lisha Vlbat 9:42) writes that a shul which has a woman's section that isn't level with the men's section should nonetheless have a mechitza high enough that the men can't see the women.</ref>
# In a place that is used for a minyan on a temporary basis, such as a [[Shiva]] house, according to some poskim doesn't need a mechitza and the men and women could simply daven in their respective sides for purposes of [[kavana]].<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=922&pgnum=66 Igrot Moshe OC 5:12] writes that it isn't necessary to have a mechitza in a temporary situation such as a Shiva house and all the more so for a Shabbos Sheva Brachos since it is just the family. Rather, the men and women should daven in opposite corners to enhance kavana. This is cited by Ishei Yisrael 28:9 and [http://olamot.net/shiur/%D7%9E%D7%97%D7%99%D7%A6%D7%94-%D7%91%D7%99%D7%9F-%D7%92%D7%91%D7%A8%D7%99%D7%9D-%D7%95%D7%A0%D7%A9%D7%99%D7%9D Olamot.net]. Similarly, Halichot Shlomo Tefillah ch. 8 fnt. 4 writes that on a plane if one is making a minyan that doesn't disturb the other passengers it isn't necessary to have a mechitza since it is a temporary situation and not a permanent shul.</ref>
# There is a major dispute if it is necessary to have a mechitza for a wedding meal.<ref>Igrot Moshe YD 4:24 doesn't require a mechitza at a wedding since it isn't a public event, it is exclusively for those invited. Birkat Reuven Shlomo 7:61 argues with Rav Moshe and requires a mechitza for a sit down gathering at a wedding or meal. Shevet Halevi 8:281 writes that for a Sheva Brachos meal they need a mechitza that is at least Ten Tefachim high even though that wouldn't suffice for a mechitza in shul.</ref>
==Women's Section==
# All laws regarding the holiness of the synagogue apply to the women's section.<ref> Yabia Omer 7:24 </ref>


==Behavior towards Visitors==
==Above the Aron==
# A mourner does not have to stand up for his/her guests, even if the guest is a Talmid Chacham or person of high stature.<ref>Moed Kattan 27b, Rama Yoreh Deah 376:1.</ref> However, if the mourner did stand, one need not tell him to sit, and doing so is considered a bad omen.<ref>Kitzur Shulchan Aruch 207:2</ref> Some require the avel to stand for a Sefer Torah.<ref>Sh"T Rivevos Efraim 7:230 quotes Rabbi Shlomo Zalman Auerbach is quoted as saying that even a mourner must stand for a sefer Torah if it passes by, although the Rivevos Efraim himself appears to be uncertain.</ref>
# It is permitted to do normal activities on the second floor or roof above the Aron Kodesh. However, one shouldn't sleep there or do any inappropriate activities there.<ref>Shulchan Aruch O.C. 151:12. The Taz 151:4 blames this sin for the death of two of his children. The Bet Yosef cites the Mordechai Shabbat n. 228 quoting the Maharam who wasn't sure whether it is permitted to use the area above the Aron on the second floor. He proves from Gemara Pesachim 86a that there's on prohibition on the upper stories or roof. He concludes that one should avoid doing a disgraceful activity above the Aron on a regular basis such as sleeping there. Bet Yosef also notes the Maharik who suggests that the upper stories above the Aron are holy based on the comparison between our shuls and the Bet Hamikdash.</ref>
 
# Technically, may one live in an apartment which is located above a synagogue. However, as noted above, one should be careful to not perform any disgraceful activities above the plane above the aron hakodesh, such as sleeping.<ref> Yabia Omer 6:26 </ref>
==At the Beis Ha'Avel (or "Shiva House")==
# The Sages instituted certain additions to [[Bentching]] said at the beis ha'avel, although customs differ as to the details.<ref>Brachos 46b, Shulchan Aruch Y.D. 379:1</ref>
# The minhag is to say Tehillim chapter 49 after [[Shacharit]] and [[Mincha]]. It is good also to learn mishnayot there for the Iylui Nishama. <ref> Kitzur Shulchan Aruch 207:5 </ref>
# Some have the practice not to bring food out of the shiva house<ref>Aruch Hashulchan 376:11</ref> if the person died at home<ref>Tzitz Eliezer (Even Yakov no. 44:4)</ref>. However, many are lenient about this.<ref>Yosef Ometz p. 192</ref>


==Sources==
==Sources==
<references/>
<references/>
[[Category:Mourning]]
[[Category:Prayer]]

Revision as of 18:00, 12 December 2023

Regarding building, selling, dismantling a Shul building see Halachot_of_the_Building_of_the_Shul

Appropriate Mind-frame for Shul

  1. One should not be involved in light-headedness, frivolity, idle chatter, eating, or drinking in a Shul.[1]
  2. One should not lounge around or adorn oneself in the Shul. [2]

Speaking in Shul or Bet Midrash

  1. It’s utterly forbidden to act frivolously in a Shul or Bet Midrash in any way such as laughter, vane speech, or humor.[3]
  2. It’s forbidden to speak about non-holy matters in a shul or Bet Midrash including speech about business or an occupation.[4]
  3. Similarly, it’s forbidden to read or write secular subjects in a Shul or Bet Midrash.[5]
  4. It’s much worse of a transgression to speak forbidden speech such as Lashon Hara, Rechilut, or starting fights in a Shul or a Bet Midrash in the place where the Shechina dwells.[6]
  5. In a Bet Midrash, one shouldn’t say G-d Bless you or LaBriyut or Gezuntite when someone sneezes. Nowadays, some are lenient because many aren’t so caeful about not speaking mundane speech in a Bet Midrash and some are strict because it’ll cause people to speak mundane speech in the Bet Midrash. It seems everyone will agree that in middle of learning it’s forbidden to say it.[7]

Sleeping in Shul or Bet Midrash

  1. One may not sleep (even a temporary sleep) in a shul, but in a bais medrash it is permitted to take a temporary sleep. A talmid chacham may sleep in a shul or a beit midrash.[8]
  2. One may not sleep in a Shul, however it is permitted to sleep temporarily in a Bet HaMidrash.[9]

Eating in Shul

  1. Although it is generally forbidden to eat in a shul, seuda shlishit may be eaten in a shul especially when words of Torah are spoken at the meal. [10]
  2. Any seuda for a mitzvah is permissible as long as it doesn't lead to palaver.[11] However, liquor may not be served.[12]
  3. A Talmud Chacham may eat or drink in a Shul if it is necessary.[13] Some say that a Talmid Chacham may eat or drink in a Bet Midrash. [14]

Entering Shul for Your Benefit

  1. If one needs to get someone who is in a Shul, one should walk inside, learn a little bit and then call that person. If one does not know how to learn one may wait inside the Shul a little bit (the time it takes to walk 8 Tefachim) and then call that person, since just sitting in a Shul is a mitzvah.[15]
  2. One should not enter the Shul to protect oneself from the sun or rain.[16]

Doing Mundane Activities in Shul

  1. One should not perform calculations, unless it is for a mitzvah in a Shul.[17]

Eulogies in a Shul

  1. Eulogies should not take place in a Shul unless it is a eulogy for one of the great people of the town and everyone is coming to the eulogy.[18]

Using it as a Shortcut

  1. One may not use a Shul for a shortcut. However, if the Shul was built in place of a path, it is permitted to continue using that path even after the Shul was built.[19]

Owning a Seat in Shul

  1. If a person sat in a particular seat in shul for three years straight even if he wasn't in on occasion or he changed his seat for avielut he can establish a right to that seat.[20]

Running to and from Shul

  1. When one is on one's way to Shul or going to do any mitzvah, it is a mitzvah to run even on Shabbat. [21]
  2. When one arrives at Shul one shouldn't run inside, but rather one should walk with awe and trepidation like one is walking before a king.[22]
  3. It is forbidden to run when one is leaving Shul.[23]

Mechitza

  1. During davening it is integral to have a mechitza to separate between men and women.[24] However, there is no need for a mechitza to separate between men and women for non-mitzvot activities such as a mundane meal.[25]
  2. If a shul has a women's section which isn't level with the men's section, some hold that the mechitza needs to be so tall that the men can't see the women.[26]
  3. In a place that is used for a minyan on a temporary basis, such as a Shiva house, according to some poskim doesn't need a mechitza and the men and women could simply daven in their respective sides for purposes of kavana.[27]
  4. There is a major dispute if it is necessary to have a mechitza for a wedding meal.[28]

Women's Section

  1. All laws regarding the holiness of the synagogue apply to the women's section.[29]

Above the Aron

  1. It is permitted to do normal activities on the second floor or roof above the Aron Kodesh. However, one shouldn't sleep there or do any inappropriate activities there.[30]
  2. Technically, may one live in an apartment which is located above a synagogue. However, as noted above, one should be careful to not perform any disgraceful activities above the plane above the aron hakodesh, such as sleeping.[31]

Sources

  1. ↑ Shulchan Aruch 151:1
  2. ↑ Shulchan Aruch 151:1
  3. ↑ S”A 151:1
  4. ↑ Mishna Brurah 151:2
  5. ↑ Rav Nevinsal in BeYitzchak Yikra on Mishna Brurah 151:2
  6. ↑ Mishna Brurah 151:2
  7. ↑ S”A Y”D 246:17 writes that one may not say Refuah when someone sneezes based on the Gemara Brachot 53a. Levush Y”D 246:17 brings the halacha as in S”A. The Perisha Y”D 246:36 writes that perhaps nowadays we can be lenient considered that many aren’t strict about mundane speech in the Bet Midrash in general. The Shach Y”D 246:16 and Aruch HaShulchan Y”D 246:33 quote the Perisha as halacha. However, the Taz Y”D 246:6 argues that there’s no reason to be more lenient and it’ll cause people to speak mundane speech in the Bet Midrash. [Bear Hetiev Y”D 246:9 quotes the dispute the perisha first and the Taz second.] S”A HaRav (Hilchot Talmud Torah 4:11) and Yalkut Yosef (Kitzur S”A Y”D 245-6 #33) agree with the Taz. S”A HaRav clarifies that it’s forbidden to answer Asuta even not at the time of learning as long as one’s in a Bet Midrash, and all the more so, when one is learning.
  8. ↑ Mishna Brurah 151:15-6
  9. ↑ Shulchan Aruch 151:3
  10. ↑ Yechave Daat 3:10. Shulchan Aruch 151:4 permits eating a seudat mitzvah in a shul. Even the Mishna Brurah 151:20 agrees but cites the Magen Avraham who forbids a large meal with wine in a shul even for a mitzvah.
  11. ↑ Yabia Omer 10:14. Hacham Ovadia Yosef zt"l cites brit milah, pidyon haben, and azkara as examples of mitzvot which grant permission to eat in synagogue
  12. ↑ Yabia Omer 10:14
  13. ↑ Shulchan Aruch 151:1
  14. ↑ Rama 151:1
  15. ↑ Shulchan Aruch 151:1
  16. ↑ Shulchan Aruch 151:1
  17. ↑ Shulchan Aruch 151:1
  18. ↑ Shulchan Aruch 151:1
  19. ↑ Shulchan Aruch 151:5
  20. ↑ Rashba (responsa 1:943), Rama CM 140:8. See also Meiri b"b 29a.
  21. ↑ Shulchan Aruch 90:12
  22. ↑ Magen Avraham 90:24, Mishna Brurah 90:41, Kitzur Shulchan Aruch 12:11
  23. ↑ Shulchan Aruch 90:12
  24. ↑ Igrot Moshe 1:41, Yalkut Yosef (Kriyat Hatorah Vbet Hakenest Mdinei Hahanahaga Bkotel n. 2), Ishei Yisrael 28:9
  25. ↑ Rav Moshe Feinstein in Igrot Moshe 1:41 cites the Pesachim 86b that speaks about a bride eating a korban pesach together with the rest of the group which would consist of several families and up to 50 or 100 people. He concludes that isn’t necessary to have a mechitza for non-mitzvah activities, such as a meal but excluding davening or learning. However, he has a doubt about wedding meals if they need a mechitza to separate between the men and women.
  26. ↑ Yalkut Yosef (Otzar Dinim Lisha Vlbat 9:42) writes that a shul which has a woman's section that isn't level with the men's section should nonetheless have a mechitza high enough that the men can't see the women.
  27. ↑ Igrot Moshe OC 5:12 writes that it isn't necessary to have a mechitza in a temporary situation such as a Shiva house and all the more so for a Shabbos Sheva Brachos since it is just the family. Rather, the men and women should daven in opposite corners to enhance kavana. This is cited by Ishei Yisrael 28:9 and Olamot.net. Similarly, Halichot Shlomo Tefillah ch. 8 fnt. 4 writes that on a plane if one is making a minyan that doesn't disturb the other passengers it isn't necessary to have a mechitza since it is a temporary situation and not a permanent shul.
  28. ↑ Igrot Moshe YD 4:24 doesn't require a mechitza at a wedding since it isn't a public event, it is exclusively for those invited. Birkat Reuven Shlomo 7:61 argues with Rav Moshe and requires a mechitza for a sit down gathering at a wedding or meal. Shevet Halevi 8:281 writes that for a Sheva Brachos meal they need a mechitza that is at least Ten Tefachim high even though that wouldn't suffice for a mechitza in shul.
  29. ↑ Yabia Omer 7:24
  30. ↑ Shulchan Aruch O.C. 151:12. The Taz 151:4 blames this sin for the death of two of his children. The Bet Yosef cites the Mordechai Shabbat n. 228 quoting the Maharam who wasn't sure whether it is permitted to use the area above the Aron on the second floor. He proves from Gemara Pesachim 86a that there's on prohibition on the upper stories or roof. He concludes that one should avoid doing a disgraceful activity above the Aron on a regular basis such as sleeping there. Bet Yosef also notes the Maharik who suggests that the upper stories above the Aron are holy based on the comparison between our shuls and the Bet Hamikdash.
  31. ↑ Yabia Omer 6:26
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