Wednesday, Feb 1, 2023

Moed Koton 22: A Genuine Need

On this daf, we find a halacha regarding laining.

It was Monday morning and two regular attendees of the shul had yahrtzeit. They split into two minyonim, one in the ezras noshim and one in the regular shul. The chazzan in the ezras noshim minyon went at quite a clip and reached krias haTorah just as the minyon in the regular shul reached Shemoneh Esrei. They required a Sefer Torah from the shul, but wondered if they could take it. The only way to the aron hakodesh was to pass in front of many mispallelim. The Mishnah Berurah concludes that even a kohein on the way to duchen may not pass in front of one davening Shemoneh Esrei. The Aishel Avrohom of Butchatch is lenient for one who needs the bathroom. Since refraining when one needs to go to the bathroom is a rabbinic prohibition, he feels that this is obvious. He also permits one who wishes to hear Kaddish or say amein. He would surely allow one who requires a Sefer Torah for laining to procure one, but since they usually comported themselves like the Mishnah Berurah, they wondered if they could be lenient in this instance.

When this question was presented to Rav Yosef Shalom Elyashiv, he ruled leniently: “They do not have to wait to take out the Sefer Torah, since waiting until the other minyon completes Shemoneh Esrei constitutes tircha detzibura. They don’t even need to wait for the mispallelim to return the Sefer Torah, since this is kavod haTorah. Therefore, in these instances, one may rely on the Aishel Avrohom” (Chashukei Chemed).

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