Tefilah and Birkat Kohanim - Chapter 8

Berachot 7b-8a relates:
Rav Yitzchok asked Rav Nachman: “Why did you not come pray in the synagogue?”
[Rav Nachman] answered him: “I was unable to.”
He said: “Gather ten men together and pray.”
He responded: “The matter is a bother to me.”
[Rav Yitzchok] suggested: “Tell the chazan to let you know when it is the time for prayer.”
He said: Why is all this trouble necessary?”
He replied: “Rabbi Yochanan said in the name of Rabbi Shimon bar Yochai: What is [the meaning of Psalms 69:14] ‘As for me, let my prayer be to You, God, at an auspicious time’? When is an auspicious time? The time when the congregation is praying.”
The Talmud continues, mentioning other prooftexts which emphasize the importance of praying together with a minyan.

Menachot 27a even attributes a positive dimension to the presence of the wicked in communal prayer, explaining that [there are] four species used in the [mitzvah of] lulav; two of which (the lulav and the etrog) bear fruit (refer to the righteous, Rashi) and two of which (the myrtle and the willow) do not bear fruit (refer to the wicked, ibid.).
The species which bear fruit require the presence of those which don’t and the species which don’t bear fruit require the presence of those that do. A person does not fulfill his obligation until he has all of them in one bound unit. So, too, the Jewish people, when they seek acceptance [from God], must be one bound unit. Accordingly, on Yom Kippur, it is customary to invite sinners to join in the prayer service. Note also the conclusion of Iggeret HaShmad where the Rambam encourages tolerance and acceptance toward sinners who come to the synagogue to pray. [Note also the Sh’loh who writes that the word, צבור—“community”—is an acronym for the words, צדיקים—“the righteous,” בינונים—“the intermediates,” and רשעים—“the wicked.”]

Berachot 8a cites Psalms 55:19: “He delivered my soul in peace from the battle against me, for there were many who strove with me,” as the prooftext for this concept.

This phrase is quoted—somewhat out of context—from Berachot 29b-30a which explains why we recite our prayers in the plural. The Rambam borrows the concept and uses it to summarize the above teachings and derive the following directive.

I.e., though praying without a minyan is permissible, one should do so only when he has no other alternative.

Perhaps by mentioning “rising early,” the Rambam is alluding to Berachot 47b which states: “One should always rise early and go to the synagogue in order to merit being counted among the first ten present. Even if 100 people come after him, he receives the reward of all of them.” Alternatively, perhaps he is referring to his statement, Hilchot Kri’at Shema 1:11, that one should recite the Shema before sunrise.

I.e., accepted by God.

The Lechem Mishneh explains: Prayer which is recited with the proper intentions outside the synagogue may be accepted, but there is no guarantee that prayer will be accepted at all times.

Berachot 6a derives this concept from I Kings 8:28: “... to listen to the song and the prayer.” “In the place of song (i.e., the synagogue where the people sing God’s praises—Rashi), prayer should be [recited].”
In his Kessef Mishneh, Rav Yosef Caro adds that based on this concept, one should pray in the synagogue even when he is praying alone. The Kessef Mishneh also rules that if one is unable to go to the synagogue he should, at least, attempt to pray at the same time as the community. He quotes both these concepts in his Shulchan Aruch, Orach Chayim 90:9.
Though this and the following two halachot mention the importance of a synagogue, the synagogue is discussed here only within the context of the importance of communal prayer. In Chapter 11, the Rambam focuses on the sanctity of the synagogue as a subject in its own right.

Berachot 8a derives this concept based on Jeremiah 12:14: “So says God regarding all my evil neighbors that touch the inheritance (i.e., the synagogues and houses of study) that I have bequeathed to My people Israel.”
When quoting this law, the Shulchan Aruch (Orach Chayim 90:11) also quotes the continuation of the above Talmudic passage: “Furthermore, they cause dispersion to themselves and their children as [the verse in Jeremiah continues]: ‘Behold, I will uproot them from their land.’”

The Tur (Orach Chayim 90) adds that it is also a mitzvah to run to perform other commandments.

Rashi (Berachot 6b) explains that hurrying away from the synagogue, suggests that one views the synagogue and the obligations contained therein to be a burden.

Rashi (Berachot 8a) explains that we are obligated to enter the distance of two doorposts widthwise in order not to appear anxious to leave. The Beit Yosef (Orach Chayim 90) explains that this refers to a distance of eight handbreadths. The Hagahot Maimoniot interprets “the measure of two doorposts” as a measure of time, not distance. Implied is that one should wait a few moments after entering the synagogue before starting to pray.

The Jerusalem Talmud (Berachot 5:1) points to the plural forms of “posts” and “doors” as indicating the need to enter the distance of two doorposts.

I.e., it is a more auspicious place to pray.

Other ramifications of this concept are mentioned in Chapter 11, Halachah 14, and in Hilchot Talmud Torah 4:9.

Berachot 30b relates: “Even though there were thirteen synagogues in Tiberias, Rav Ami and Rav Assi would pray only between the pillars in the study hall.”
Berachot 8a interprets the phrase “the gates of Zion” in Psalms 87:2: “God loves the gates of Zion above all the dwellings of Jacob” as referring to “the gates of those who are בהלכה המצויינים (distinguished by the halachah studied there)” and states that they receive the highest degree of Divine attention. The Talmud continues: Abbaye says: “Originally, I would study in my house and pray in the synagogue. After hearing this, I pray only where I study.”

The Kessef Mishneh mentions the view of certain rabbinic authorities who maintain that it is preferable for a scholar to pray in a study hall even without a minyan. However, he also mentions the opinion of Rabbenu Asher (see Responsum 4) who writes that if the scholars do not appear in the synagogue the common people will assume that their presence is also unnecessary. The Shulchan Aruch (Orach Chayim 90:18) quotes the Rambam’s opinion.

With this statement, the Rambam touches on a point debated both by the Sages of the Talmud and the later Rabbis. The mishnah, Rosh HaShanah 33b, states:
Just as the chazan is obligated [to pray], each individual is so obligated. Rabban Gamliel states: “The chazan fulfills the obligation on behalf of the community.”
The Talmud (34b) elaborates on the difference of opinion:
They asked Rabban Gamliel: “According to your opinion, why does the community pray?”
He replied: “In order to allow the leader of the community to prepare his prayers.”
Rabban Gamliel asked them: “According to your opinion, why does the chazan pray aloud?”
They replied: “In order to allow those who are not knowledgeable to fulfill their obligation.”
He told them: “Just as he fulfills the obligation on behalf of those who are not knowledgeable, he fulfills it on behalf of those who are knowledgeable.”
The Sages of the Talmud continued to debate the issue. The ultimate decision accepted by Rav Yitzchok Alfasi, the Rambam (see Halachah 9), and Rabbenu Asher, is that during the entire year, the Sages’ opinion is accepted. However, on Rosh HaShanah, because of the complexity of the blessings (see Halachah 10), Rabban Gamliel’s opinion prevails. Both Rabban Gamliel and the Sages agree that the practice of communal prayer involves two elements:
a) the silent prayers of many individuals; and
b) the chazan’s repetition of the Shemoneh Esreh.
They differ, however, as to which of these elements is considered of primary importance. According to the Sages, the essential element of communal prayer is that ten or more people recite the Shemoneh Esreh at the same time. According to Rabban Gamliel, the essential element of communal prayer is, as the Rambam states in this halachah, the prayer of the chazan. [Note Likkutei Sichot, Vol. 24, which explains that their difference of opinion revolves around a more general issue: Which is of higher priority, quantity (the prayers of the many) or quality (the prayers of the chazan)?]
The Rambam’s statement here is difficult to place in perspective. Though in Halachah 9, he accepts the Sages’ view (see also Chapter 9, Halachot 2-3), in this halachah, his opinion follows that of Rabban Gamliel. In one of his responsa, the Rambam explains that after the Sages instituted the silent Shemoneh Esreh to allow the chazan to prepare his prayers, even Rabban Gamliel would agree that all the individuals praying in a minyan also fulfill their obligation to pray by reciting their own prayers. Still it is difficult to understand why the Rambam would have the individuals forfeit the higher quality of communal prayer in order to pray individually. In his notes to Rosh HaShanah, loc. cit., Rav Chayim Soloveichik writes that one should take the Rambam’s statements in this halachah into consideration. Thus after concluding his individual prayers, each person should stand and listen to the prayer of the chazan and thus, fulfill the mitzvah of communal prayer. Note Likkutei Sichot, loc. cit., which compares answering to the chazan’s prayer to reciting a voluntary prayer (see Chapter 1, Halachah 9). By doing so, one will have both the advantages of individual and communal prayer.

See Halachot 4 and 5.

Males who have reached the age of thirteen years and a day and manifested signs of physical maturity.

I.e., excluding a Canaanite slave.

Though there is no explicit source to this effect, a number of Midrashim (e.g., VaYikra Rabbah 23:4) lead to this conclusion. One of the communal rites listed in Megillah 23b which requires a minyan is ברכת אבלים—the blessing one offers to those in mourning. For the recitation of that blessing, the presence of ten men other than the mourner himself is required. (See Hilchot Eivel 13:1.) Perhaps the Rambam feels that this statement is necessary to clearly distinguish between the different requirements of a minyan for prayer and ברכת אבלים.

Though they do not pray together with the others, their presence in the room where the others pray can complete a minyan.

Soferim 10:7 states:
Our Sages in the West say [that Kaddish and Barchu may be recited] even with seven. They explain their opinion [based on Judges 5:2]: “In the time of tumult in Israel when the people volunteered themselves, blessed be God.” [The number of people correspond] to the number of words [in the verse which describes the blessing of God].
There are those who say only six [are required], since Barchuu is the sixth word [of the above verse].
The Rambam differentiates between the ruling regarding prayer and his statements in Hilchot Berachot 5:8 where he writes that it is necessary that seven people out of ten eat bread in order to constitute a minyan for zimmun, for “a noticeable majority” is required. There are two views quoted in the name of Rabbenu Tam (Tosafot, Megillah 23b); one, requiring a minimum of seven people who have not prayed for a minyan just as seven who have eaten bread are required for a minyan in regard to grace after meals and, another, requiring, only five. However, the Rambam’s opinion is universally accepted as halachah.

See Chapter 7, Halachah 17. In the chazan’s repetition of the Shemoneh Esreh, it is customary to recite three verses in the Kedushah:
a) “Holy, Holy, Holy, is the Lord of Hosts; the entire earth is full of His glory” (Isaiah 6:3);
b) “Blessed be the glory of God from His place” (Ezekiel 3:12);
c) “The Lord shall reign forever, your God, O Zion, throughout all generations” (Psalms 146:10).
Only the first two of these verses are recited in the Kedushah of the blessings before the Shema. However, in Kedushah recited at the end of the service, a verse similar to Psalms 146:10 is also included. The commentaries debate the definition of Kedushah and therefore, question which passage the Rambam requires to be omitted when one prays alone. The Rambam’s statements in Chapter 9, Halachah 5, appear to define Kedushah as only the first of these three verses.

I.e., the reading of the Torah as part of the prayer service. Reading from a Torah scroll for the purposes of study does not require a quorum.

See Chapter 12, Halachah 3.

The Mishnah (Megillah 23b) equates the reading of the haftarah with other “holy matters” that require a minyan.

Even though the published text of the Mishneh Torah uses the singular term, “blessing,” as will be explained, the plural is more appropriate. The authoritative Oxford and Yemenite manuscripts of the Mishneh Torah also use the plural.

Rambam defines פריסה as “presentation,” i.e., the public reading of the blessings before the Shema. If people want to fulfill their obligation to recite the blessings associated with the Shema by answering “Amen” to the chazan’s blessings instead of reciting it themselves, a quorum of ten is required (Commentary to mishnah Megillah 23b).

Kaddish is recited to mark different stages in the prayer service, after public study, and in memory of the departed. Note also the brief remarks the Rambam makes concerning this prayer in his Order of Prayers for the Entire Year.

Soferim 10:7 also considers Kaddish as a “holy matter” which requires a minyan.

Literally, “raise their hands,” for the priestly blessing is recited with raised hands. See Leviticus 9:22 and Chapter 14, Halachah 3.

See Chapter 15, Halachah 9.

These prayers and rituals are considered “holy matters” which require a congregation (as mentioned in the following halachah).

This verse records God’s complaint about the spies sent to collect information about Eretz Yisrael (Numbers, Chapters 14 and 15). Twelve spies were sent.

The spies whom God condemned for trying to persuade the Jews that it was impossible to conquer Eretz Yisrael.

Though also sent on the mission.

And, in fact, they resisted these attempts, calling for the Jews to enter the land as God had commanded.

E. g., the prayers and rituals mentioned in Halachot 4 and 5.

I.e., a quorum of ten (see the previous halachah).

Megillah 23b explains as follows: Leviticus 22:32 states, “And I shall be sanctified among the children of Israel.” A גזרה שוה (an analogy based on the use of common words) is made between this verse and Numbers 16:21, “Separate yourselves from among this congregation” and a second גזרה שוה between the latter verse and the verse, Numbers 14:27, quoted in the previous halachah. Extending our use of the principle of גזרה שוה, we conclude that just as in regard to the spies, a congregation meant a minimum of ten people, the same applies in regards to all situations in which God is “sanctified.”

The place of prayer.

The Jerusalem Talmud (Megillah 4:4) states that Isaiah 1:28, “And those that forsake God will be consumed” applies to those that leave in the middle of communal prayer when less than ten men remain. If more than ten are left, although leaving is undesirable, there is no prohibition.

Of those left in the minyan. A minimum of six people is, nevertheless, required (Shulchan Aruch, Orach Chayim 55:2).

In one of his responsa, the Rambam writes that if a congregation began the first blessing before Kri’at Shema with ten people and then some left, leaving less than a minyan, the congregation may continue and recite the Kedushah in that blessing (see Chapter 7, Halachah 17). The chazan may also repeat the Shemoneh Esreh out loud including Kedushah, but he should not recite the Kaddish after Shemoneh Esreh, since it is not part of the “holy matter” started while the minyan was present. The Shulchan Aruch (Orach Chayim 55:2-3) rules that, in such an instance, though the blessings of Kri’at Shema may be recited without deviating from the normal practice, the Shemoneh Esreh with Kedushah should not be recited. If the repetition of the Shemoneh Esreh was begun with ten, it may be completed including its Kedushah. The Rama (loc. cit.) adds that, in such a case, one even recites Kaddish after ובא לציון גואל since the Kaddish refers to Shemoneh Esreh.

This principle is the basis for the particular laws which follow.

This situation is described by the Mishnah, Eruvin 92a. The laws that follow in this and the following halachah are discussed by the Talmud immediately thereafter. In his Commentary to the Mishnah, the Rambam explains that the small courtyard has only three walls. The fourth side opens into the larger courtyard. The large courtyard has three full sides, with the fourth side consisting of two short walls on each side of the opening into the small one. The accompanying diagram is based on a diagram drawn by the Rambam (accompanying his Commentary to the Mishnah) to depict this situation. **picture**

Since the majority of the people are in the larger courtyard and the smaller courtyard opens up to the larger one in its entirety, they are considered as one group located in the larger courtyard.

The same law would apply if four people were in the smaller courtyard.

Since the majority is in the smaller courtyard and the walls of the larger courtyard separate it from the smaller one, they are considered as separate.

Because he, like the individual(s) mentioned above, is considered part of the group in the larger courtyard.

I.e., the reason why individuals in the smaller courtyard can be considered as part of a group located in the larger courtyard, but individuals in the larger courtyard cannot be considered as part of a group located in the smaller courtyard.

It follows that if the smaller courtyard has walls on the side that opens to the larger courtyard, the above laws do not apply. By the same token, a person(s) standing in the courtyard of a synagogue or in an adjoining room cannot be considered as part of a minyan. Nevertheless, the Shulchan Aruch (Orach Chayim 55:14) qualifies this restriction and states that if the person in the outer room can see—and be seen by—the people in the main room, he may be counted together with them. Even if he is merely peering through a window, he is considered as part of that group.
The Shulchan Aruch 55:20 also mentions that even when the people in adjoining rooms cannot see each other, those in the outer room may respond to Kaddish and Kedushah. The rabbis differed as to whether a person praying in a separate room next to the room where a minyan is praying may be considered to have participated in communal prayer or not (see Mishnah Berurah 55:58).

As stated in Chapter 4, Halachot 8-9.

As stated in Hilchot Kri’at Shema 3:6-15.

For it is considered as part of the larger courtyard. Thus, one is considered as praying in a place which contains feces.

The recitation of any holy matter is forbidden in the smaller courtyard. Nevertheless, the larger courtyard is considered a separate place.

Even if the feces are visible; see Hilchot Kri’at Shema 3:10.

In which case it would be forbidden (ibid.).

In the opening halachot of this chapter, the Rambam explains that communal prayer has advantages over the prayer of individuals. In this halachah, he adds that there is another dimension to communal prayer: the members of the congregation can fulfill their obligation to pray by listening to it.

I.e., recites the Shemoneh Esreh (and according to the Rambam—see Halachah 5—the blessings before the Shema) aloud.

While standing in the posture for prayer.

If one desires to fulfill his obligation with the chazan’s prayer, he should answer “Amen,” but he should not answer Baruch Hu, uvaruch shemo after the mention of God’s name.

This follows the opinion of the Sages in the difference of opinion between them and Rabban Gamliel (Rosh HaShanah 33b, 34b) as explained in Halachah 2.

Since the essence of prayer is the request for Divine Mercy, it is fitting that each person make such a request individually (Tosafot Yom Tov, Rosh HaShanah). See also the opening halachot of Chapter 9 which deal with the practical application of the concepts mentioned in this halachah.

Specifically, in contrast to the yearly Yom Kippur services.

Rosh HaShanah and Yom Kippur of the Jubilee. Rosh HaShanah is counted as only one day. Although we celebrate Rosh HaShanah as two days by Rabbinic decree, Scriptural Law requires only one day to be celebrated.

All the Rabbis agree that although the halachah follows the Sages throughout the entire year, on these two days, an exception is made and Rabban Gamliel’s opinion prevails.

In particular, this refers only to the Musaf prayer.

See Chapter 2, Halachah 6, and in greater detail, Hilchot Shofar 3:8-9. There, the Rambam explains that one is required to recite three extra blessings on these days:
Malchuyut—which expresses the theme of God’s sovereignty,
Zichronot—which describes God’s remembrance of His love for the Jews, and
Shofrot—which praises the shofar as a means of manifesting the previous two concepts.
Each of these three blessings includes the recitation of ten verses that express these themes: four from the Torah, three from the prophets, and three from Psalms. In Chapter 2, Halachah 8, the Rambam writes that on Yom Kippur of the Jubilee year, one recites exactly the same blessings as on Rosh HaShanah.

Here, the Rambam does not appear to interpret “intention” as referring to the chazan’s concentration and spiritual awareness, but simply, to his familiarity with the text of the blessings.

Though in principle, this ruling is accepted by all authorities, in practice, Ashkenazic Rabbis have advised each person to pray individually even on Rosh HaShanah since, at present, the use of machzorim which include a full text of the blessings is widespread. Furthermore, the inclusion of piyyutim (liturgical poems) in the chazan’s repetition of the Shemoneh Esrei makes it very difficult to fulfill one’s obligation by listening to his prayer and reciting “Amen.” See Shulchan Aruch HaRav 591:1-4.

Torah knowledge.

The performance of the mitzvot; alternatively, deeds of kindness, so that his appointment will be appreciated by all members of the community.

The Lechem Mishneh mentions that this applies only to the appointment of a permanent chazan and does not apply to someone who leads the congregation in prayer merely on occasion. The Shulchan Aruch (Orach Chayim 53:6) mentions this in regard to a chazan having a full beard.

Ta’anit 16a interprets Jeremiah 12:8: “She raises his voice against Me, therefore, I (God) have hated her” as a reference to a chazan who is unfit for this responsibility.
Most of the commentaries point to the mishnah (Ta’anit 2:2) as the source for the Rambam’s statements. Though that mishnah deals with the appointment of the leader of communal prayer for a public fast, there is no reason to assume that the same principles should not apply to the appointment of a chazan at other times. In the Talmud (e.g., Rosh HaShanah 32a), we find many examples of leading Sages serving as chazanim.

Though the Hebrew, זקן, is often used to connote a wise man (see Hilchot Talmud Torah 6:1), this translation has been chosen based on the later statements of this halachah.

I.e., it is desirable, but not an absolute requirement.

So that listening to his prayers will be enjoyable. Throughout the generations, in their responsa, our Rabbis have chided the people for putting a pleasant voice at the top of their priorities for a chazan. [Note the Rama (Orach Chayim 53:5) who states that it is preferable to appoint a boy of thirteen who understands his prayers as chazan rather than an older man with a pleasant voice who does not know what he is saying. See also Shulchan Aruch (loc. cit., 53:11).]
In particular, this applies regarding the High Holiday services. These days of sincere prayer should not be turned into concerts of ritual music. Instead, attempts should be made to find a chazan who can truly serve as a spiritual leader. If he also has a pleasant voice, it is obviously more desirable.

So that he will not err in his recitation of the prayers.

The Rabbis have explained that this simply refers to a person of intermediate age. Therefore, in one of his responsa, the Rambam states that a person who is physically incapable of growing a beard may serve as chazan and the requirement of a beard is only mentioned as a sign of “a full state of knowledge which one [usually] reaches at the age when one’s beard begins to grow.” See also Shulchan Aruch (ibid.:8).
Nevertheless, a beard is also considered a sign of commitment to Jewish practice. The Rambam (Hilchot Avodat Kochavim 12:7) associates shaving with the practices of gentile priests. Many Rabbis have strongly encouraged growing a beard even when there is no question of violating the prohibition against shaving. (See Sefer Mitzvot Gadol 7, Shibolei Leket Vol. II, 41.) However, in communities where removing one’s facial hair in a permitted manner is an accepted practice, the lack of a beard is not considered as an impediment against a person serving as a chazan.

The Shulchan Aruch (loc. cit.:6) states that this only refers to the appointment of a permanent chazan. However, Rabbenu Nissim interprets the Rambam’s words as meaning that even on occasion, a youth should not serve as a chazan. See also Chapter 15, Halachah 4.

Haporeis al Shema as described in Halachah 5. See Megillah 24a.

Until then, he is a minor and incapable of fulfilling the obligation of prayer on behalf of an adult.

Megillah 24b relates that a chazan should not be appointed from Beit She’an or Haifa, since they mispronounce these letters. Rashi explains that such mispronunciations will cause blessings to be read as curses. For example, if the word, יאר, the first word of the second priestly blessing, יאר ה‘ פניו אליך, is read with an ע instead of an א, it becomes a curse.

For many Jews today, this halachah is rather difficult to observe, since we do not differentiate between the pronunciation of an alef and an ayin or a sin and a samech. The Radbaz and the Pri Chadash write that if these pronunciation errors are commonplace, even someone who pronounces a chet as a hay or a shin as a sin may serve as a chazan. See Shulchan Aruch HaRav 53:16.

Even if the student lacks the above qualities (Kessef Mishneh). Though the previous halachah stated that the chazan should be the man of the greatest stature in the community, the mishnah (Megillah, loc. cit.) and similarly, several sources throughout the Talmud (see Berachot 33b) indicate that a teacher could appoint a student to serve as a chazan instead of doing so himself.
The Or Sameach explains that this refers to a student who does not articulate the letters properly. Though such a person should not ordinarily serve as a chazan, he may do so if he is appointed by his teacher. Thus, we find that Rabbi Yehudah HaNasi appointed Rabbi Chiya as a chazan (Bava Metzia 85b), even though he would pronounce a chet as a hay (Megillah 24b).

Even though the first blessing before the Shema thanks God for creating light, a blind person also benefits from light (ibid.).

Perhaps the Rambam thought it necessary to clarify this point because there was a difference of opinion among the Sages as to whether a blind person is obligated in all the mitzvot or not. The Sages concluded that he is obligated. Hence, he can also fulfill the obligations of others as the chazan.

Soferim 14:15 understands this as a gesture of respect for the congregation. See also Rosh HaShanah 17b which states that when God taught Moses the Thirteen Attributes of Mercy, “He robed himself as a chazan.”
This does not necessarily refer to wearing a tallit gadol, but rather to a cloak or jacket that covers his shoulders and arms (Shulchan Aruch, Orach Chayim 53:13). However, in many communities, it is customary for a chazan to wear a tallit as a token of respect for the community.