Disputed items and Davening with a Minyan: Difference between pages

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==Disputed items==
==Importance ==
==Kli Heter or Isser==
# A person should make a great effort to daven in a minyan because of the tremendous kedusha of Davening in a minyan and it’s ability to be accepted before Hashem. <ref>S”A 90:9 writes that a person should make a serious effort to daven with a minyan and one’s only exempt if there’s extenuating circumstances. Mishna Brurah 90:28 emphasizes the important of Davening with a minyan and that the most important part of Davening with a minayn is [[Amidah - Shemonah Esrei|Shemonah Esrei]]. See Halichot Shlomo (chapter 5 note 52 pg 66) records that for health reasons a certain person was only able to leave the house once a day and Rav Shlomo Zalman said he can use that one time to go to work instead of going to daven in a minyan because being social will make him feel better. </ref>
# The following items are considered by some to be Kli Sh’Melachto LeHeter while others consider by others to be Kli Sh’Melachto LeIssur.
# A Person should make a great effort to daven with a minyan and there’s a tremendous level to Davening with a Tzibbur in having one’s Tefillah accepted in heaven. <Ref>S”A 90:9, Mishna Brurah 90:28 </ref>
* pictures on the wall <ref> Chazon Ish 43:17 considers it severe Muktzeh, while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-Muktzeh) </ref>
==Who counts for a minyan? ==
* clocks on the wall <ref> Chazon Ish 43:17 considers it severe Muktzeh, while Sh”t Igrot Moshe 5:21(13), 22(12) considers it non-Muktzeh) </ref>
# You need ten adult males in order to say kaddish, kedusha, borchu etc... <ref> S"A 55:1 </ref>
* buttons that fell off clothes <ref> Mishna Brurah 308:35 seems to hold that buttons are non-Muktzeh, while Sh”t Igrot Moshe 5:22(20) holds it’s severe Muktzeh. Rav Shlomo Zalman and Rav Elyashiv in Shalmei Yehuda (pg 80) hold it’s non-Muktzeh but say it’s proper to be strict in this case. </ref>
## If you have ten adult males but four of them already davened, you are still able to say kaddish, borchu, kedusha etc... <ref> S"A 69:1 Mishna Brurah 69:8, Yalkut Yosef (90:14, Sherit Yosef 2 pg 341) </ref>
* empty cooking pots that are sometimes used for serving food, fruit, or water <ref> The Rosh (in his teshuvot#22, quoted by Bet Yosef 308:4) writes that a grinder may be moved if you place any permissible item (like bread) on the grinder and the same is true of a pot. However, the Rashba ([[Shabbat]] 123a) argues that the grinder may only be moved if there’s some of the food that’s normally put in the grinder such as garlic and so too cooked food in a pot. S”A 308:4 seems to rule like the Rosh, however, many achronim (Mishna Brurah 308:26) argue that one should be strict like the Rashba. From both of the above opinions, many achronim argue that an empty pot is Kli Sh’Melachto LeIssur even if the pot is sometimes used to serve the food but primarily is used to cook. [The Gedolot Elisha (308:19) rejects this proof by explaining that really the grinder is Muktzeh as it’s only purpose is a prohibited activity and so it’s only permitted if it has a piece of the food that’s normally in it such as garlic. However, a pot has both a prohibited (cooking) and permitted (serving) purpose. The comparison of the above Rishonim from the grinder to the pot was only to explain what’s normally associated with each vessel.] These achronim (who are strict regarding an empty pot) include: Pri Megadim (M”Z beginning of 308), Ashel Avraham 308:9, 279:2, Mishna Brurah 308:20, 26, Chazon Ish 47:11, Derech HaChaim (Muktzeh#13; Rabbi Yacov MeLisa, author of the Netivot), Sefer Tiltulei [[Shabbat]] (pg 46), Shemirat [[Shabbat]] KeHilchata 20:15, Rabbi Binyamin Zilber (Sh”t Az Nidabru 9:20, pg 58), Rav Wosner in Sh”t Shevet HaLevi 1:127(3) and Shalmei Yehuda (pg 98). <br></br> On the other hand, some authorities are lenient including the Chaye Adam 66:3 and Kitzur S”A 88:8. Gedolot Elisha (308:19) agrees that many are strict in this regard and consider it a Kli Sh’Melachto LeIssur but concludes that the minhag of Baghdad is to be lenient to treat a empty pot as a Kli Sh’Melachto LeHeter and there is what to rely on. So writes Yalkut Yosef (Kitzur S”A 308:105). </ref>
==Missing a Minyan for business ==
* fresh snow <ref> Rav Elyashiv in Shalmei Yehuda (pg 203) and Shemirat [[Shabbat]] KeHilchata consider snow to be non-Muktzeh, while Sh”t Igrot Moshe 5:22(37) and Rav Shlomo Zalman Auerbach in Sefer Tiltulei [[Shabbat]] (pg 13) consider it severe Muktzeh. </ref>
# It’s permissible to miss a minyan in order to prevent a loss of money, however it’s forbidden if it’s just a loss of a potential profit. <Ref>Mishna Brurah 90:29 </ref>
* Jigsaw puzzles <ref> Sefer Tiltulei [[Shabbat]] (pg 25 note 24) considers puzzles to be Keli SheMelachto LeIssur as it’s forbidden to put together a puzzle on [[Shabbat]]. So writes Shalmei Yehuda (pg 90) quoting Rav Elyashiv. [It’s clear to me, that the above poskim hold like those who forbid building puzzles [including Shemirat [[Shabbat]] KeHilchata 16:23]. However, according to those who are lenient regarding building puzzles [Sh”t Or Letzion 2:45:6, Sh”t Beer Moshe 6:26, Rav Pinchas Scheinberg (“Children in Halacha” pg 140), and Menuchat Ahava (vol 3, 22:16) under certain conditions (see there)], the jigsaw puzzle should only be Kli Sh’Melachto LeHeter.] </ref>
==Missing a Minyan for vacation ==
* lego (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein writes that since they are designated for children’s use (if the child takes it himself) these are Kli Sh’Melachto LeHeter, and Shalmei Yehuda (pg 90) quotes Rav Elyashiv saying that since primarily the toys are used for building which is forbidden but still it could be given to a child to play with (without putting them together) it’s considered Keli SheMelachato LeIssur. </ref>
# A person shouldn’t travel from a place where there’s a minyan to a place where there’s no minyan unless there’s a serious health need, parnasa (financial support for oneself and family) need, or mitzvah need. <Ref> Halichot Shlomo (5:4 pg 61) writes that for parnasa, health, or mitzvah needs one may travel to a place where one won’t be able to find a minyan.  
==Kli Isser or Muktzeh==
* Theoretical discussion: [Rav Zalman Nechemyah Goldberg (Halichot Shlomo (page 72 and 358) at first writes that seemingly it would be permissible to put oneself in a situation where one will be without a minyan as long as the time for that tefillah didn't arrive similar to the Baal HaMoer who permits boarding a boat 3 days before [[Shabbat]] even if one will need to violate [[Shabbat]] for Pikuach Nefesh. (The reason for 3 days is that there is an extension of [[Shabbat]] into the last three days of the week, however, the obligation of tefillah only applies at the time of prayer). However, he strongly rejects this by saying that putting oneself in a situation of missing praying with a minyan because it would be out of one's control to get a minyan in one's destination is totally dissimilar to violating [[Shabbat]] for Pikuach Nefesh which is permitted. He says that going to such a place is like not building a sukkah for sukkot and trying to claim that it's out of one's control to sit in the sukkah. He continues that perhaps the exemption from traveling more than a mil to find a minyan isn't because that it's out of one's control but that the obligation of minyan was removed by chazal for someone at such a distance similar to someone beyond a certain distance at the time of korban pesach, then perhaps there wouldn't be a prohibition to put oneself in such a situation. He leaves the question whether there's an obligation to find oneself in a place where there's a minyan (before the time of tefillah) unanswered, nonetheless, it's certain that the correct righteous practice would be not to put oneself in such a situation.] [http://www.yutorah.org/lectures/lecture.cfm/743095/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Minyan:_Cake_or_Icing Rabbi Aryeh Lebowitz] explained that this question would be dependent on another dispute whether davening in a minyan in an absolute obligation or a added feature to davening. </ref> However one should not go on a tiyul (trip) if it means missing praying with a minyan. <Ref>Rav Nevinsal in BeYitzchak Yikra 90:18 </ref>
# The following items are considered by some to be Kli Sh’Melachto LeIssur and by others to be Muktzeh Machmat Gufo.
 
* candles <ref> Magan Avraham 308:18 rejects the (then) common notion that unused candles aren’t Muktzeh and holds that they are considered Kli Sh’Melachto LeIssur, while the Mor UKesiah (308, pg 67c, mechon yerushalyim pg 344) argues that really candles are Muktzeh Machmat Gufo and the Magan Avraham really only meant to say that even according to their mistaken logic the candles are Kli Sh’Melachto LeIssur. The Mishna Brurah 308:34 quotes this as a dispute and decides in favor of the Magan Avraham (as is evident from Shaar HaTzion 279:4). So rules the Yalkut Yosef ([[Shabbat]] vol 2, pg 404) and Shemirat [[Shabbat]] KeHilchata (21:6, vol 1 pg 279). However, Rav Moshe Feinstein in Dibrot Moshe ([[Shabbat]] 36a, vol 1 pg 533-4 note 101) quotes the Maharshal and Shlah who hold like the Mor Ukesiah and concludes that had the Magan Avraham seen these authorities he would have retracted. Therefore, Sefer Tiltulei [[Shabbat]] (pg 82) in the name of Rav Moshe rules stringently. </ref>
==Missing minyan in order to host guests==
* copy paper <ref> Mishna Brurah 308:34 (as the anonymous first opinion based on Magan Avraham 308:18), Sh”t Igrot Moshe O”C 5:22(28,32), quoted in Sefer Tiltulei [[Shabbat]] (pg 36 note 2) consider it Kli Sh’Melachto LeIssur. While Mishna Brurah 308:34 in name of the Yaavetz, Chazon Ish 44:13, Aruch HaShulchan 279:1, 308:23, Rabbi Shlomo Zalman Auerbach quoted in Shemirat [[Shabbat]] KeHilchata (chapter 28 note 80) consider it Muktzeh Machmat Gufo.  </ref>
# Don’t leave a guest in order to go daven because welcoming guests (hachsanat orchim) overrides davening in a minyan. <Ref>Halichot Shlomo (chapter 5 note 25 pg 66) </ref>
* lipstick <ref> Mishna Brurah 308:34 (as the anonymous first opinion based on Magan Avraham 308:18), Sh”t Igrot Moshe O”C 5:22(28,32), quoted in Sefer Tiltulei [[Shabbat]] (pg 36 note 2) consider it Kli Sh’Melachto LeIssur. While Mishna Brurah 308:34 in name of the Yaavetz, Chazon Ish 44:13, Aruch HaShulchan 279:1, 308:23, Rabbi Shlomo Zalman Auerbach quoted in Shemirat [[Shabbat]] KeHilchata (chapter 28 note 80) consider it Muktzeh Machmat Gufo.  </ref>
==Missing Minyan in order to daven vatikin==
* nails <ref>Rav Elyashiv in Shalmei Yehuda(pg 180) considers nails and screw in dependent on the dispute quoted in Mishna Brurah 308:34, while Zachor VeShamor considers nails and screws as severe Muktzeh. </ref>
# Someone who usually davens Vatikin should daven vatikin even if one day he can’t get a minyan. <Ref>Halichot Shlomo 5:17 </ref>
* screws <ref> same as nails </ref>
==Missing minyan because one is sick==
* shofar <ref> Rama 308:4 writes that a Shofar is a Kli Sh’Melachto LeIssur and can be moved for tzorech mekomo and gufo. Mishna Brurah 658:4 explains that it’s only because it’s sometimes used to fill up water to drink. Based on this Mishna Brurah, the Shemirat [[Shabbat]] KeHilchata 28:20 writes in the name of Rabbi Shlomo Zalman, that nowadays when people won’t drink out of a shofar, it has no purpose and is Muktzeh Machmat Gufo. However, the Sefer Tiltulei [[Shabbat]] (pg 56), Yalkut Yosef ([[Shabbat]] vol 2 pg 406) rules like the Rama. [It seems from the Tiltulei [[Shabbat]] and Yalkut Yosef that the reason to be lenient is because even though there’s no permitted use, it’s still considered a kli.]</ref>
# One is only exempt in cases of extenuating circumstances such as someone not feeling well and even in such a case one should pray at the time of the Tzibbur. <Ref>S”A 90:9, Mishna Brurah 90:29 </ref>
* unused candles <ref> Mishna Brurah 308:34 (as the anonymous first opinion based on Magan Avraham 308:18), Sh”t Igrot Moshe O”C 5:22(28,32), quoted in Sefer Tiltulei [[Shabbat]] (pg 36 note 2) consider it Kli Sh’Melachto LeIssur. While Mishna Brurah 308:34 in name of the Yaavetz, Chazon Ish 44:13, Aruch HaShulchan 279:1, 308:23, Rabbi Shlomo Zalman Auerbach quoted in Shemirat [[Shabbat]] KeHilchata (chapter 28 note 80) consider it Muktzeh Machmat Gufo. </ref>
==Missing minyan because of learning==
* unused candlesticks <ref> Mishna Brurah 308:34 (as the anonymous first opinion based on Magan Avraham 308:18), Sh”t Igrot Moshe O”C 5:22(28,32), quoted in Sefer Tiltulei [[Shabbat]] (pg 36 note 2) consider it Kli Sh’Melachto LeIssur. While Mishna Brurah 308:34 in name of the Yaavetz, Chazon Ish 44:13, Aruch HaShulchan 279:1, 308:23, Rabbi Shlomo Zalman Auerbach quoted in Shemirat [[Shabbat]] KeHilchata (chapter 28 note 80) consider it Muktzeh Machmat Gufo.  </ref>
# For someone who’s learn is his “occupation” meaning that one doesn’t waste anytime from learning except for the absolutely necessary activities, may daven not in a minyan from time to time, however, nowadays using this leniency is highly discouraged. <Ref>Rama 90:18, Mishna Brurah 90:56, Piskei Teshuvot 90:23 writes that this leniency is discouraged but there is what to rely on and quotes the son of the Chafetz Chaim who writes about his father when writing the Mishna Brurah would go ten hours at a time learning without eating or even stopping for mincha. </ref> Therefore, even if one is involved in learning one should make sure to daven with a minyan and there’s an added seriousness for such a person to daven with a minyan so that others don’t judge him incorrectly or mistakenly learn that minyan is unimportant. <Ref>S”A 90:18, Mishna Brurah 90:29, 57, See Sh”t Igrot Moshe 2:27 regarding missing minyan for learning </ref>
* unused matches <ref> Sefer Tiltulei [[Shabbat]] (pg 82) quotes Rav Moshe Feinstein and Shalmei Yehuda (pg 74) quotes Rav Elyashiv who consider matches to be Muktzeh machmat gufo, while Shemirat [[Shabbat]] KeHilchata 20:13, Sefer Tiltulei [[Shabbat]] (pg 82) in name of Rabbi Shlomo Zalman Auerbach, and Rabbi Binyamin Zilber (quoted by Shalmei Yehuda pg 74) consider it Kli Sh’Melachto LeIssur. Yalkut Yosef (Kitzur S”A 308:101) brings both opinions and doesn’t give a final ruling. [Rav Moshe (Tiltulei [[Shabbat]] pg 82) is strict since a match doesn’t have a permitted function nor is it a kli (since it’s only used one time), while Rav Shlomo Zalman Auerbach (Tiltulei [[Shabbat]] pg 82) is lenient since he holds there’s a permitted use i.e. picking one’s ear.] </ref>
# If one came late to the set minyan and going to a later one will cause you to miss learning in a chevruta. <Ref>Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a minyan. Halichot Shlomo 5:16 adds that even if one will only miss learning with a chevruta one shouldn’t go to the minyan; BeYitzchak Yikra (Rav Nevinsal) 90:18 writes that if a student in a yeshiva eats and sleeps by the yeshiva it’s an imperative to daven in the Yeshiva minyan and it’s forbidden to daven even in a holier place such as by the kotel because of Mitzvah HaBah BeAvierah! </ref>
# One may be lenient for this category if there’s an extenuating circumstance <ref>Shalmei Yehuda (pg 19) in name of Rav Elyashiv and Rav Shlomo Zalman Auerbach, Sh”t Shevet HaLevi 2:32, Sh”t Az Nidbaru 8:67, Zachor VeShamor 41:4 </ref>
# If it’s going to cause a loss of teaching Torah in public such as if one will miss giving a public shuir, one should miss minyan in order not to miss that opportunity. <Ref>Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a minyan.</ref>
 
 


==References==
==References==
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Revision as of 02:46, 2 April 2012

Importance

  1. A person should make a great effort to daven in a minyan because of the tremendous kedusha of Davening in a minyan and it’s ability to be accepted before Hashem. [1]
  2. A Person should make a great effort to daven with a minyan and there’s a tremendous level to Davening with a Tzibbur in having one’s Tefillah accepted in heaven. [2]

Who counts for a minyan?

  1. You need ten adult males in order to say kaddish, kedusha, borchu etc... [3]
    1. If you have ten adult males but four of them already davened, you are still able to say kaddish, borchu, kedusha etc... [4]

Missing a Minyan for business

  1. It’s permissible to miss a minyan in order to prevent a loss of money, however it’s forbidden if it’s just a loss of a potential profit. [5]

Missing a Minyan for vacation

  1. A person shouldn’t travel from a place where there’s a minyan to a place where there’s no minyan unless there’s a serious health need, parnasa (financial support for oneself and family) need, or mitzvah need. [6] However one should not go on a tiyul (trip) if it means missing praying with a minyan. [7]

Missing minyan in order to host guests

  1. Don’t leave a guest in order to go daven because welcoming guests (hachsanat orchim) overrides davening in a minyan. [8]

Missing Minyan in order to daven vatikin

  1. Someone who usually davens Vatikin should daven vatikin even if one day he can’t get a minyan. [9]

Missing minyan because one is sick

  1. One is only exempt in cases of extenuating circumstances such as someone not feeling well and even in such a case one should pray at the time of the Tzibbur. [10]

Missing minyan because of learning

  1. For someone who’s learn is his “occupation” meaning that one doesn’t waste anytime from learning except for the absolutely necessary activities, may daven not in a minyan from time to time, however, nowadays using this leniency is highly discouraged. [11] Therefore, even if one is involved in learning one should make sure to daven with a minyan and there’s an added seriousness for such a person to daven with a minyan so that others don’t judge him incorrectly or mistakenly learn that minyan is unimportant. [12]
  2. If one came late to the set minyan and going to a later one will cause you to miss learning in a chevruta. [13]
  3. If it’s going to cause a loss of teaching Torah in public such as if one will miss giving a public shuir, one should miss minyan in order not to miss that opportunity. [14]


References

  1. ↑ S”A 90:9 writes that a person should make a serious effort to daven with a minyan and one’s only exempt if there’s extenuating circumstances. Mishna Brurah 90:28 emphasizes the important of Davening with a minyan and that the most important part of Davening with a minayn is Shemonah Esrei. See Halichot Shlomo (chapter 5 note 52 pg 66) records that for health reasons a certain person was only able to leave the house once a day and Rav Shlomo Zalman said he can use that one time to go to work instead of going to daven in a minyan because being social will make him feel better.
  2. ↑ S”A 90:9, Mishna Brurah 90:28
  3. ↑ S"A 55:1
  4. ↑ S"A 69:1 Mishna Brurah 69:8, Yalkut Yosef (90:14, Sherit Yosef 2 pg 341)
  5. ↑ Mishna Brurah 90:29
  6. ↑ Halichot Shlomo (5:4 pg 61) writes that for parnasa, health, or mitzvah needs one may travel to a place where one won’t be able to find a minyan.
    • Theoretical discussion: [Rav Zalman Nechemyah Goldberg (Halichot Shlomo (page 72 and 358) at first writes that seemingly it would be permissible to put oneself in a situation where one will be without a minyan as long as the time for that tefillah didn't arrive similar to the Baal HaMoer who permits boarding a boat 3 days before Shabbat even if one will need to violate Shabbat for Pikuach Nefesh. (The reason for 3 days is that there is an extension of Shabbat into the last three days of the week, however, the obligation of tefillah only applies at the time of prayer). However, he strongly rejects this by saying that putting oneself in a situation of missing praying with a minyan because it would be out of one's control to get a minyan in one's destination is totally dissimilar to violating Shabbat for Pikuach Nefesh which is permitted. He says that going to such a place is like not building a sukkah for sukkot and trying to claim that it's out of one's control to sit in the sukkah. He continues that perhaps the exemption from traveling more than a mil to find a minyan isn't because that it's out of one's control but that the obligation of minyan was removed by chazal for someone at such a distance similar to someone beyond a certain distance at the time of korban pesach, then perhaps there wouldn't be a prohibition to put oneself in such a situation. He leaves the question whether there's an obligation to find oneself in a place where there's a minyan (before the time of tefillah) unanswered, nonetheless, it's certain that the correct righteous practice would be not to put oneself in such a situation.] Rabbi Aryeh Lebowitz explained that this question would be dependent on another dispute whether davening in a minyan in an absolute obligation or a added feature to davening.
  7. ↑ Rav Nevinsal in BeYitzchak Yikra 90:18
  8. ↑ Halichot Shlomo (chapter 5 note 25 pg 66)
  9. ↑ Halichot Shlomo 5:17
  10. ↑ S”A 90:9, Mishna Brurah 90:29
  11. ↑ Rama 90:18, Mishna Brurah 90:56, Piskei Teshuvot 90:23 writes that this leniency is discouraged but there is what to rely on and quotes the son of the Chafetz Chaim who writes about his father when writing the Mishna Brurah would go ten hours at a time learning without eating or even stopping for mincha.
  12. ↑ S”A 90:18, Mishna Brurah 90:29, 57, See Sh”t Igrot Moshe 2:27 regarding missing minyan for learning
  13. ↑ Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a minyan. Halichot Shlomo 5:16 adds that even if one will only miss learning with a chevruta one shouldn’t go to the minyan; BeYitzchak Yikra (Rav Nevinsal) 90:18 writes that if a student in a yeshiva eats and sleeps by the yeshiva it’s an imperative to daven in the Yeshiva minyan and it’s forbidden to daven even in a holier place such as by the kotel because of Mitzvah HaBah BeAvierah!
  14. ↑ Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a minyan.
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