It’s easier to execute blessings than to represent a congregation

This might seem to be an odd topic to discuss but I will do so briefly as it comes up from time to time. The interested reader really should learn the laws in Orach Chaim 128 about a Cohen and Orach Chaim 53 about one who wishes to become a Chazan and lead the prayers.

A fundamental difference between the two is that the male who leads the prayers is a representative of the entire congregation. As such, if this is someone who is known to have sinned and has not repented faithfully then they should not be asked to lead the service. Of course, there is nobody who doesn’t sin. We are humans. The Halacha however focusses on someone who isn’t fit by virtue of them being known as doing the wrong thing when that “thing” is a more grave infraction. For example, someone who profanes Shabbos in public is not a person who we allow to be our chosen representative to lead the prayers. (I’m aware that there are Poskim who say that our generation is different and their breaking the Shabbos should not be seen as in the days of yore, however, this does not mean that we choose that person to lead the prayers!) There are many examples: someone who is married and is known to frequent other women is not permitted to lead the prayers; someone who has stolen money and not returned it, should not lead the prayers; someone who is unscrupulous in business etc. The list goes on. In general, the Gabbai (beadle) of a Shule chooses people who have requisite qualities (fear of heaven, being over 30, ideally married, understand what they say and be able to say it well, are capable of growing a beard, have children etc) as opposed to those with a serious question mark. Where there is an issue, one chooses a learned and pious person to lead the prayers, even if they have a poor (but not annoying) voice. Ideally, the voice should also be pleasant to listen to, unless there is nobody else. There is some subjectivity, and this is often an issue where a Gabbay must diplomatically consult the Rabbi. If someone questionable, who has not genuinely repented, insists on leading the prayers in honour of a Yohr Tzeit, this can become most unpleasant. Indeed, our Rabbis teach us that if the person leading the prayers has a serious question mark  concerning them, then all the blessings they make on behalf of the congregation metamorphose into curses (God forbid).

The Cohen is also performing a mini-leading of sorts. The Cohen, however, represents God in the Cohen’s positive Torah command to bless the congregation.  He and his fellow Cohanim are bound by various laws that pertain to their suitability. For example, they should not have killed. [ An interesting question arises about the Cohen who is a soldier in the army. In Israel today, there is in my mind no doubt that each war is a מלחמת מצווה, a war where Israel’s very survival is at stake, and for which even a Groom joins in the defence effort. Defence however entails attack and attack inevitably leads to killing another person.] Another issue is Cohanim with physical defects, but it is not my intent to agglomerate all the laws here.

One interesting qualifier of the Cohen is that when he blesses the congregation, this should be through a blessing of Ahavah; that is a love of their fellow Jew/congregation. A congregation that is unable to remove negative thoughts about a particular Cohen needs to make sure that this Cohen not bless them as part of a group of Cohanim who are blessing. The Aruch Hashulchan (128:21) explains the love pre-requisite of the priestly blessing based on the Zohar.

“Any Cohen who can’t bring himself to have Rachmonus (mercy) on the congregation that he blesses, or about whom the congregation can not muster Rachmonus on him” (should find another community to bless.)

This is brought by the Magen Avraham in his gloss 18 ibid.

In other words, without being able to feel Rachmonus on a community there can be no bounded blessing based on love between the Cohen as God’s representative and that community and that Cohen should bless a community where he does find himself comfortable. Rachmonus is needed because it is rare to discover a congregation where there isn’t a single congregant about whom a Cohen has some doubts, and vice versa.

It is likely a truism, that most people, including Cohanim, feel odium towards the behaviour of some of their fellow congregants. It may even be directly mutual. The key, however, is whether a Cohen is able to concentrate on a community and have positive feelings while he acts as a conduit to blessing the people on behalf of God. If he finds himself unable to muster Rachmonus, most certainly, he should try to remove this impediment in his character. If he cannot stop his thoughts wandering negatively, and the positive feelings do not envelope his blessings, then it is better that he not bless that congregation. At the end of the day, the Cohen is blessed by God himself, on account of the Cohen blessing the people.

He who leads prayers, however, is a single person, who must represent, all the people. In this way, his acts and past acts can serve to invalidate him from performing such representation.

Those who were not born with a voice that is appreciated by others generally don’t get asked and therefore don’t face this challenge of representative acceptance. Fobbing off the Gabbai when trying to avoid being chosen to lead the congregation, as its chosen representative, is also not encouraged.

What should a congregant do if he is convinced that a particular Shaliach Tzibbur is of dubious character? One should consult their Local Competent Orthodox Rabbi for advice.

What should a congregant do if they loathe a particular Cohen who is blessing the congregation? Again, they should ask, although they do have the option of leaving the Synagogue at that time.

These are most uncomfortable situations. Ideally, someone who has not performed as God would want, will confess and repent. A(n angry) Cohen who is unable to muster a feeling of congregational positivity-call it an attachment to the Tzelem Elokim of each Jew if you like-should also ask themselves whether they should be one of the group blessing that congregation.

[Please remember: nothing I write should be misconstrued as a replacement for consulting one’s Halachic decisor/Posek]

Can or should an Avel perform Bircas Cohanim (Part 4)

Context:

Part 1, Part 2, Part 3.

Minhag Chassidim in general, and Minhag Chabad in particular.

Dayan Telsner, who is a good Yedid of mine, wrote a number of articles where he responded to my points in the local Chabad publications הערות התמימים ואנ’’ש

I am not challenging his right to pasken according to the minhag brought by the Ramoh, which he conflates as some universal practice throughout the Ashkenazic world, and for which he uses the ultra-strong words of מנהג עוקר הלכה,I believe out of context.

I will just post this excerpt from Chabad’s own התקשרות magazine, which is referred to religiously by Rabbonim and Chassidim in respect of how to behave על פי מנהג חב’’ד.

My translation follows:

It is written in the Shulchan Aruch HoRav (Ba’al Hatanya), “in our regions, where mourning extends until 12 months on a mother of father, and 30 days after another relative, the Cohen [Avel] does not Duchen, even if he is the only Cohen, and even on Yom Yov…”

But, in practice [despite the listing of the Ramoh by the Shulchan Oruch HoRav] I heard from many [important] Poskim in Chabad, and these include The Gaon and Chosid, R Osher Lemil HaCohen, of Beitar, and the Gaon and Chosid R’ Yisrael Yosef Hendel of Migdal Haemek, they they never saw [in Chabad] even outside Israel that an Avel would avoid Duchening.

They referred to the Nitei Gavriel [of R’ Gavriel Tzinner, who is the Rav HaMachshir of the Melbourne Eruv], who wrote that that the Custom of Chassidim is in accord with the Shulchan Aruch [and not the Ramoh] according to the practice of the Sephardim. He brings as support the view of the Kaf HaChaim, that according to mystical [kabbalistic] line of Judaic practice, one must Duchen even if he is a mourner. An in the responsa Mishnas Shlomo [R’ Shlomoeleh Vilna, the Dayan of Vilna] he brings that according to the Ari Zal, we are especially careful not to show any mourning on Shabbos and Yom Tov, and certainly no Cohen should refrain from Duchening because they are an Avel.

The Kaf HaChaim also quotes the [famous] Mekubal R’ Shalom Sharabi, that Duchening is from the “Great Lights”, and just like an Avel is permitted to wear the Tefillin of Rabenu Tam, which is also permitted because of the same concept as the “Great lights—מוחין דאבא’ a Cohen who is a mourner must also Duchen. He goes on further to write that that one should not even cause Duchening to be displaced during the Shiva itself, because Duchening is an integral part of Davening to the extent that if there is no Cohen, we use a different Nusach as said by the Shaliach Tzibbur.

Notwithstanding this opinion, during Shiva itself, Chassidim do not follow the practice of Duchening of an Avel, and neither do the Sephardim [despite the Kabalistic justification]

It is possible that the reason we do Duchen as an Avel, even in Chutz La’aretz, is because it becomes a very clear expression of public mourning if/when a Cohen who is an Avel purposefully avoids doing so. This is especially so in Chutz La’aratez where it is most noticeable because they (Ashkenazim) only duchen on Yom Tov.

I spoke about this with Dayan Telsner’s brother-in-law, Rav Sholom Ber Groner, and he told me that he would be lenient himself based on this Nitei Gavriel. Interestingly, on a number of issues where I mentioned to Rav Sholom Ber, that his father had a seemingly different opinion, that did not seem to worry him to the extent that he was ossified. He said, in fact, that some of his own opinions changed according to time and circumstance, and that was the way to Pasken.

I will close with two words which are ubiquitous in halacha נתפשט המנהג—the Minhag spread (or became established). These simple words imply as everyone know that despite the fact that there may well be competing MINHAGIM on a RANGE of item, an equilibrium often [but not always] emerges as the “prevalent minhag”.

I’m not here to change anything. I didn’t Duchen once Rabbi Telsner paskened that way in his Shule. I mention it one last time, because I disagree completely with the concept of ossification of quoted ancient minhagim when those are known not to be universally adopted!

Finally, if someone can actually point me to MINHAG CHABAD on this, I’d be obliged. I do not think it exists formally in the sense that it was ever enunciated. This lends more credence to my argument, I’d suggest!

Let me also note to anyone who had observed my exchanges with Rabbi Telsner, that this was ריתחה דאורייתא and God forbid that anyone should think that “bad blood” or “beleidung” would ever enter my head over such matters. I can’t think of a better way to spend time that talking and shouting Torah!

Can or should an Avel perform Bircas Cohanim: Part 2

Following on from what I had blogged here, a learned article appeared in הערות התמימים ואנ’’ש regarding this issue. A copy of this article was given to me בכתב prior. The author traces back the sources of the Minhag not to duchen as described by the רמ’’א. There are no surprises there, as there are no surprises in naming two students of Maharam of Rottenburg describing the same Minhag.

Unfortunately, whilst the learned author wrote about the general question, he chose not to consider the specific question that initiated the discussion and the article.

[By the way, the editors of that publication do no service when they are careless in their production. There are many printing errors in the article]

  1. What should a Cohen/Avel who has already duchened 9 times as an Avel for halachically valid reasons in a non Chabad Shule do when entering a Chabad Shule for Davening on Yom Tov? Given that the Gavra already has found himself in a position of Simchas Yom Tov that enabled him to Duchan with no issue, and with love, should he dispense with his existential Simchas Yom Tov, and assume he isn’t psychologically capable of a Bracha KiPshuto?
  2. When the entire Shule is aware of the specific issue, and there is no greater Farhesya, than 25% of the Cohanim effectively leaving in the guise of a single person, with everyone knowing the reason, how can that at all be reconciled with Hilchos Aveylus! How are we to understand Aveilus D’Farhesya? I note that Rabbis Feldman, Blesofsky and all the Gutnicks, did Duchan because they are Rabbonim, and if they had snuck out of  Shule, it could be argued that this is forbidden explicitly on account of Aveilus D’Farhesya, a basic tenet of all Hilchos Aveylus on Shabbos and Yom Tov.
  3. In a situation where a Cohen did Duchan, because he was not aware of “Minhag Chabad” (something that is not clear ) is it correct that the Rabbi explcitly not issue forth “Yasher Koach” in the same way that he always does?
  4. It cannot be argued that “one doesn’t pasken against a Minhag mentioned by the Ramoh”. We all know that not only do Acharonim do that even with a Din! Even within Chabad, the Shulchan Aruch HoRav refined his Psak through the aegis of the Siddur. One can play with words and say that the Shulchan Aruch HoRav didn’t change anything, but he most certainly didn’t always “go with the Ramoh/Magen Avraham” alone on each and every issue.
  5. The last Lubavitcher Rebbe himself found it appropriate, in our day and age to encourage, for example, younger girls to light Shabbos Candles, even though this is against the Shulchan Aruch HoRav. How so? I’m sure it’s discussed, but in the end he did decree thus, for what he saw were good reasons.
  6. I heard from an extremely reliable Rav, that Rabbi Marlow of Chabad ז’ל had paskened that if the Cohen leaving would cause Aveylus D’Farhesya (be noticed, or that he found himself in the Shule at that time) then he should duchen. If on the other hand, he could “slip out unnoticed” as a regular Cohen who perhaps required Tevilah would do, then he should.
  7. In what way is there a proof that the situation of Cohanim is the same as at the times of the Ramoh and thereabouts? How many Shules have so many Cohanim that you simply don’t notice if one is at Shule and doesn’t go up?
  8. I’ve been to the Ramoh’s Shule, and no doubt they didn’t Duchen. It’s tiny. Then again, I’d imagine the Shule was packed to the rafters and various Cohanim who weren’t necessarily regulars turned up, especially on Shmini Atzeres and Simchas Torah.
  9. Despite the fact that Chabad owes no “allegiance” to the opinions of the Vilna Gaon in his glosses on Shulchan Aruch, the Gaon does opine that one should duchan and not annul three D’Oraysos, despite the Minhag described by the Ramoh. The Gaon’s  opinion (which is identical to the Mechaber) is identical to R’ Chaim Brisker, and R’ Yosef Dov Soloveitchik. The Nefesh HoRav, who is Mori V’Rabbi, R’ Hershel Schachter, and is mentioned in the article, was simply quoting these views as well as the incredibly deep and vast Tshuva on this matter from the Dayan of Vilna, R’ Shlomoleh ז’ל in his Responsa.
  10. The author “bet me” that the Nefesh HoRav held that one should not Duchen. I disagreed and took the bet. What the Nefesh HoRav did tell me was to avoid Machlokes, and so I stayed away on Shmini Atzeres and Simchas Torah (and duchened elsewhere) where ironically I was one of three Cohanim!
  11. Finally, I’d be interested to know whether according to the author, it is proper that Cohanim aren’t happy enough on Yom Tov to be a conduit for Bircas Cohanim, and yet, as Avelim, they are permitted to attend parties known as Simchas Beis HaShoayvo, where there is food, drink, merriment and Torah. Is this a Chiyuv for an Avel? When I asked this question, I was met with anger. Sure, any Seuda can be turned into a Seudas Mitzvah with Divrei Torah (and according to some opinions just singing). Would one conclude that the Ramoh et al and the Shulchan Aruch HoRav would say it’s fine to attend a Mishteh V’Simcha as an Avel, but despite the fact that the person has Bosor V’Yayin, one should assume each and every Cohen has a level of sadness that they couldn’t possibly bench B’Ahava?
  12. If they can’t be B’Simcha, I guess the Basar and Yayin are also a waste of time?
  13. What is the Minhag in Chabad when there is only one Cohen (an Avel)? Is there no Duchening? Why yes? What about the Aveylus/Sadness. It’s existential, no?
  14. What is the Minhag in Chabad when there are only two Cohanim (one who is an Avel) (See Mishne B’Rura 575:159)

In the end, like most Hilchos Aveylus, as explained to me by Rav Schachter, most are about intentions and feelings and motivation. If a person intends to immerse, for example, in a Simcha event, or similar, for the purposes of getting “happy” and/or “enjoying oneself” then it is forbidden (except where there are matters of Tzaar — pain — involved through acts, and only in certain situations). The Halacha of Aveylus is deeply personal, and I would have no problem with a Cohen/Avel who just didn’t feel right not doing duchening. Some refrain from Aliyos! Yet, others, run for Maftir each week and seek to Leyn as well.

I don’t need to mention the Nitei Gavriel who says that most Chassidim do Duchan.

Would it be so far fetched for a Shule to have the policy:

  • it’s not our minhag to Duchan, but if you feel up to it, go for it

or

  • it is our minhag to Duchan, but if you don’t feel up to it, slip out unobtrusively if you are able.

They certainly find workarounds for the parade of Hakafos!

I spoke with a number of Rabonei Chabad who said that even in the diaspora, they did not enforce any Minhag not to Duchan.

Enough on this topic from me.

Disclaimer: it is not at all my intention in any way to give the impression that I am detracting from the Psak of the author or his right to do so. This is Torah, however, and we are committed to learning and understanding from the one who chooses all his people ּבאהבה.

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