Mishna Berura
Yeshivat Har Etzion

SHIUR #30:Simanim 53-54, Part 2

Pages 160-170

by Rav Yosef Zvi Rimon

SIMANIM 53,54:  THE SHELIACH TZIBBUR

53:4-26

            We can, at times, learn halakhot from the order of the simanim and the se'ifim in the Shulchan Arukh.  In the present case, we can infer that everything until Yishtabach is the prayer of the individual, with the shatz (the sheliach tzibbur or prayer leader - this term will be defined shortly) beginning only at Yishtabach.  This is indicated by the fact that the Shulchan Arukh waited until our siman (from se'if 4) to discuss the qualifications of the shatz.  (This inference can be found in the Arukh Ha-shulchan 53:1.)

            This helps us to understand something with regard to one who is under an 'obligation' to act as a shatz (i.e. a mourner).  Is there any significance in such a person being a chazzan for Pesukei De-zimra?  As we said above, the Shulchan Arukh seems to imply that there is none, since this section is not considered a communal prayer.  This opinion is also expressed in the Eshel Avraham (siman 53).  Yet, there is a widespread custom of having a mourner lead the congregation for Pesukei De-zimra.  The Eshel Avraham explains this by saying that it is simply in order to establish the mourner's claim from the start, thereby preventing someone else from usurping this prayer.  However, Ta'amei Ha-minhagim (siman 1071) cites an opinion that the recital even of Pesukei De-zimra by the mourner benefits the soul of the departed.

            Another ramification is that when a congregation is under a time constraint (e.g. in the army), the shatz and the congregation may omit parts of Pesukei De-zimra, following the same order of priorities as the individual latecomer to synagogue.  (Of course, this is undesirable and this dispensation should be utilized only when the need is serious.)

            In the past, a chazzan was literally a "sheliach tzibbur" - an agent of the people - who helped them to fulfill their obligation of prayer and represented them in front of the Holy One.  He would pray aloud and others would listen and answer "Amen" at the appropriate places.  Nowadays, when each person prays himself, the role of the chazzan is mainly as a "moderator" who indicates what is to be said.  The Arukh (an early medieval talmudic dictionary), in fact, derives the word chazzan from the verb "chazi," meaning to see, since the chazzan shows people what to say.

THE IMPORTANCE OF BEING A SHATZ:

            The Tashbetz writes (2:163) that "descending before the ark" (i.e. acting as shatz) is a fulfillment of a positive biblical commandment, since he helps others to become holy, as it is written, "And I will be sanctified in the midst of Benei Yisrael" (Vayikra 22:32).  However, R. Yosef Engel in Gilyonei Ha-shas (Berakhot 21) expresses bewilderment at this statement, for tefilla be-tzibbur (communal prayer) is of rabbinic origin, and the verse he cites refers to mesirut nefesh - the concept of sacrificing one's life for the sanctification of God's name.  Likewise writes the Keren Ora (Sota 38a) that it is not a biblically-mandated mitzva.  Nevertheless, the fact remains that it is significant and even a mitzva.  [A possible answer: Even though the OBLIGATION of tefilla be-tzibbur is not of biblical origin, the act of descending before the ark can still be a biblical fulfillment.- M.F.]

WHO IS CONSIDERED WORTHY OF BEING A SHATZ? (SE'IFIM 4-5)

            The gemara in Ta'anit (16a-b) enumerates the qualifications necessary for a shatz:

"R. Yehuda says: One who has dependents but lacks [the means to sustain them] and who labors in the field [such    that he is in earnest when he prays for rain] and whose house is empty [R. Chisda: empty of transgressions] and whose youth is becoming [Abayye: who did not have a bad reputation even in his youth] and who is of lowly stature [humble] and acceptable to the people, and who has a tune and a pleasant voice, and who is knowledgeable in Torah, Nevi'im, and Ketuvim, and can learn Midrash, halakhot, and aggadot, and is fluent in each and every berakha [so that the prayer is well-known to him].'"

            This complete list of demands may not be easy to meet.  Therefore:

1) The Tur says that if all these characteristics are not found, then the best one of the congregation - the one with the most wisdom and good deeds - should be chosen.  And so he rules in the Shulchan Arukh, se'if 5.

2) The Mordekhai (Chullin, end of first chapter) maintains that an understanding of the words of the tefilla, even in a thirteen-year-old shatz, is preferable to a sweet voice, even in a mature man.  And so rules the Rema in se'if 5.

SHABBAT-VIOLATORS, ETC. (SE'IF 4):

            The gemara states (Ta'anit 16a-b):

"We do not allow to descend before the ark [i.e., act as shatz] anyone but ... [one] whose house is empty ...   Said R. Chisda, 'This is one whose house is empty of transgression.'"

            This indicates that transgressors are not permitted to act as sheliach tzibbur.  Nevertheless, it is necessary to define what type of transgressor is referred to - an accidental one, a deliberate one, or perhaps only one who has not yet atoned for his sin?

            Clearly, one who has sinned deliberately and did not repent of it is not permitted to be a shatz.  Indeed, the Kenesset Ha-gedola (siman 53) writes that such a person may not be one even occasionally, and so rules the Mishna Berura 53:14. 

            What about a deliberate transgressor who did repent?  The gemara goes on to say, "'U-firko na'eh' - said Abbaye, 'This is one who did not have a bad reputation in his youth.'" 

            The Rema, citing a responsum of the Or Zaru'a, rules that he cannot be a shatz, since he did "have a bad reputation in his youth."  However, the Magen Avraham (53:8) disagrees and rules that one who did teshuva may be a shatz, as does the Mishna Berura (53:22).  Still, on public fast days it is preferable to follow the ruling of the Rema that such a person not act as shatz, and this stringency should likewise be observed on the High Holidays (Elia Rabba 53:6; M.B. there).

            An accidental sinner is not considered to "have a bad reputation in his youth" (Or Zaru'a, responsum 112) and therefore may act as shatz, even on a regular basis.  (The Arukh Ha-shulchan [53:8] adds that even one who repeats the same transgression several times - accidentally - may be a shatz.)

            A "secular Jew" - one who is not an observer of Torah and mitzvot - may not, in general, be a shatz.  However, there is room for leniency in light of the following points:

1) R. Moshe Feinstein (quoted in the Responsa Rivevot Ephrayim vol. IV, 149) writes that one may be lenient to prevent enmity.

2) There is much room for leniency if the person in question is a "captive infant" - i.e., one who grew up without a proper religious education and was not taught to be an observant Jew.  There are some authorities who consider such a person as an accidental transgressor.

3) The Magen Avraham writes in the name of the Maharshal (cited in M.B. 53:13) that it is preferable to seek a shatz who is not only pious, but is of pious descent.  However, the Taz (53:3), citing the Rosh, believes that on the contrary, it is better to attempt to draw in those who were far.  To be sure, he refers not to a secular Jew but to one whose parents were not observant, but nevertheless his reasoning can be applied to our case as well.

            Each case must be weighed according to its circumstances.  It is best in this matter to steer away from chazarat ha-shatz (the chazzan's repetition of Shemoneh Esrei) and those portions of tefilla in which the congregation's obligation is fulfilled through the shatz.  The orphan's kaddish is specifically intended as a substitute for those who do not know how to lead the congregation in prayer, and should be utilized for this purpose, if at all possible, in our case.

THE SHATZ'S AGE (SE'IFIM 6-10):

            The gemara in Chullin 24b indicates yet another specification: his beard must have come in fully.  To be sure, there are several caveats:

1) The Rosh (Responsa, klal 4) asserts that this requirement pertains only to a permanent shatz (for it is disrespectful to the congregation to be led by a young shatz).  But for the occasional tefilla, it is sufficient for the shatz to have reached the onset of puberty, (halakhically-determined by the appearance of at least two pubic hairs) provided he is at least thirteen and a day (if he can exhibit two hairs before that age, they are considered merely as a mole - Responsa Chatam Sofer, OC 172).  According to the Magen Avraham (53:10), we can rely upon the assumption that a thirteen-year-old has reached the onset of puberty; since prayer is a rabbinically-mandated obligation, we do not require proof that two hairs have actually grown (though the Peri Megadim [Eshel Avraham 53:10] expresses doubt whether this would be true for the Rambam, who believes that tefilla is of biblical origin).

2) In a yeshiva high school and similar institutions, where those who lead the prayer are frequently of a pre-beard age, one can say that since the congregation is at the same stage in life, this is hardly disrespectful to them (Avnei Yishpeh, p. 81).  Moreover, it is likely that this is not what is termed a "permanent" shatz, since the boys take turns without being appointed per se (see M.B. 53:26).

3) The age "thirteen and a day" is not the day after his birthday but rather is the birthday itself (the date in which he was born and the date on which he will become a bar mitzva), since the birthday is actually the day after thirteen full years have passed.

4) The shatz need not actually have a beard, but simply be of an age when he could have a full one (Beit Yosef citing the Rambam).  This is at twenty years of age, and if he has a beard then even eighteen is sufficient (Beit Yosef; Shulchan Arukh and Rema se'if 8).

5) The Rashba writes (in a responsum) that for Ma'ariv there is more room to be lenient - even to the extent of having a shatz younger than thirteen, since he is not actually fulfilling anyone else's obligation for them but merely saying kaddish and Barkhu.  However, the Maharil writes that a minor should not be a shatz in a place where this was not the custom.  The Shulchan Arukh and the Rema debate this issue in se'if 10.  A practical ramification - even for those who follow the Rema's ruling - can be found in the Biur Halakha (s.v. Yukhal leireid), who rules leniently regarding a thirteen-year-old shatz for Ma'ariv, even a permanent one.

6) The Peri Megadim writes that since in siman 581 (se'if 1) it says that on Rosh Ha-shana and Yom Kippur the shatz must be married, we can infer that during the rest of the year he need not be.  Still, a married man takes precedence over an unmarried one even during the year.  Regarding this, in the Sha'ar Ha-tziyun (53:19) it is written that this is true only if the married man has had his full beard come in, for this requirement is a talmudic law.

LITURGIC MELODIES (SE'IF 13):

            The Rashba writes (Responsa, 1:215) that if a chazzan draws out his tefilla and projects his voice for the sake of showing off, it is repulsive; to him applies the verse, "She cries against me with her voice; therefore I have hated her" (Yirmiyahu 12:8).  But if it is in order to give praise and thanks to God, he will be blessed for it.

            The Sefer Chasidim (siman 158) writes: "When you pray, say the berakhot of the tefilla in a melody which is pleasing and sweet in your eyes, for with this your heart will be drawn after the utterances of your mouth...  And [you should] praise and give thanks in a melody which gladdens the heart, in order that your heart be filled with love and happiness in the service of God, blessed be He."

            Regarding non-Jewish melodies, the Sefer Chasidim writes (siman 768): "One who has a pleasant voice should beware that he not sing gentile tunes for it is a transgression, and his pleasant voice was granted to him only in order to praise the Creator, blessed be He, and not for sin."

            The Ma'aseh Rokei'ach (Hilkhot Tefilla 8:11) understands this to mean that even if the words are holy ones and only the tune is of non-Jewish origin, it is still unacceptable.  However, most poskim disagree with this, including the Chida (Birkei Yosef, 160).  This viewpoint is also evident in the words of the Rif who wrote (Responsa): "A sheliach tzibbur who sings the songs of Ishmaelites and utters vile words is to be relieved of his post, and about him and his ilk it is written, 'She cries against me with her voice; therefore I have hated her.'"  This implies that a problem arises only when he sings the songs of Ishmaelites with their words - "vile words" - but that the tune alone is acceptable.

            The debate continues in modern times.  In Yechaveh Da'at (vol. II, 5) we find a lenient ruling in this matter, and it is apparent that his words were meant to apply even to love songs and non-Jewish songs.  He further states that righteous and learned people have utilized the songs of the land to sing to God.  However, the Tzitz Eliezer (vol. XIII, 12, and in the index) comes out strongly against the inclusion of Christian or love songs in tefilla, citing the Arugat Ha-bosem who writes that this will lead the masses to focus on the songs themselves with all their lewdness and abominations.  [He also rebuts at length two responsa cited in Yechaveh Da'at - one from Ziknei Yehuda and one from Kerekh Shel Romi - quoting pieces of their writings in other places which cast doubt upon these responsa.]  The Igrot Moshe (YD 2:56), as well, prohibits the singing of church melodies or those which were composed for idolatrous purposes.

            In light of all this, it appears that secular music which is not lewd (and not idolatrous) may be used for tefilla.  If the songs do have improper lewd content, it is preferable not to use them, though those who are lenient have upon whom to rely, particularly if the songs are old enough that the listeners will have forgotten their original source.  And especially when certain tunes have already become associated with certain parts of tefilla, one can say that they have already left the outside world and become Jewish property, so to speak.  In other words, "A melody cannot acquire impurity" (see Yechaveh Da'at in his note there).

SHORTS AND SHORT SLEEVES FOR A CHAZZAN (SE'IF 13):

            It is obligatory upon everyone to be respectably dressed during prayer (see Berakhot 30b regarding R. Yehuda and Shabbat 10a regarding Rabba bar R. Huna; Rambam, Hilkhot Tefilla 4:8; Shulchan Arukh 98:1).  But the chazzan is expected to adhere to still higher standards.  The Mishna in Megilla (24a) teaches:

"A ragged person ["poche'ach"], although he may recite   the Shema, may not read the Torah and may not descend before the ark [to serve as a chazzan]."

            Rashi explains that he may say kaddish and kedusha because he is obligated in them, but may not act as shatz to exempt others from their obligation because it is disrespectful to the congregation.

            Who is a "ragged person"?  Rashi defines him as one whose thighs are uncovered (clad in shorts); the Rif as one whose arms are uncovered; and the Rambam as one whose shoulders are uncovered.  The Shulchan Arukh (53:13) rules in accordance with the Rif that one whose arms are bare may not act as shatz.  It remains to be determined what constitutes an arm (zero'a).  In Yechaveh Da'at (vol. IV, 8) it is defined as until the elbow (in accordance with the Tosafot in Menachot 37a s.v. Kibboret), unlike the Responsa Yaskil Avdi (vol. VII, p. 329), who rules stringently.

            Nevertheless, those who wear short sleeves that do not reach the elbow apparently have upon whom to rely, since the Rambam explained the mishna as referring to shoulders and Rashi as referring to legs.  It is also possible to explain that the uncovered arms which the Shulchan Arukh prohibits are ones which are fully uncovered.  Moreover, in circles where it is commonly accepted to wear short sleeves it is probable that all the above opinions would permit it, for it is then not "disrespectful to the congregation."  It is still preferable, though, for the shatz in this case to cover himself with a tallit.

            Short pants certainly are not acceptable garb for a shatz, following Rashi's interpretation of the gemara (also in Yechaveh Da'at, ibid.).  Though the Rif and the Rambam explained differently, it is clear that they did not disagree with this but meant only to broaden the definition.  However, there is still room to be lenient when the whole congregation is similarly dressed (since the prohibition was designed to protect the dignity of the congregation).

APPOINTING THE CHAZZAN (SE'IFIM 16-24):

            The second half of the siman deals with the appointing of the shatz.  Many of these issues bear little contemporary relevance because now there are generally many members of the congregation who are capable of acting as shatz, and also because the shatz does not actually serve to exempt anyone from his obligation of prayer, as had been the case in the past.  We will therefore examine only the key points.

ACCEPTABILITY:

            It is clear that a shatz must be acceptable to his congregation.  Technically a single member may object to the appointment of a shatz, just as one who brings an obligatory offering may demand a different kohen to deal with his offering instead of the current kohen (Beit Yosef, s.v. Katav Ha-Agur).  But an individual does not have veto power unless there are mitigating factors.  For example:

1) The shatz's character is flawed (with witnesses to attest to this - Magen Avraham 53:20; M.B. 53:55).

2) There is a candidate who is better and is not more expensive (Yam Shel Shlomo, Chullin, 1:51; M.B. 53:52).

3) The previous factors are inoperative if this individual has previously agreed to this candidate (Shulchan Arukh 53:19).

The Magen Avraham (53:20) and the Peri Megadim (Eshel Avraham, 53:21) write that nowadays, with our many sins, there are many who perpetuate disagreement without rhyme or reason - not for the sake of heaven.  Consequently, if the approval of every individual had to be sought, no consensus would ever be reached.  Therefore, since the chazzan does not actually exempt others, no one is granted veto power.  The majority - or alternatively, the leaders of the congregation - appoint the shatz (thus rules M.B. 53:53).

            The Peri Megadim writes that if the chazzan hates one member of the congregation and intends to exclude him from the fulfillment of his obligation, then all the congregation does not fulfill their obligation.

REFUSAL (SE'IFIM 16-17):

            The gemara (Berakhot 34a) states that when one is invited to become a shatz, he should refuse the first time, prepare himself the second, and step forward the third time.  But there are exceptions:

1) Mishna Berakhot 34a states: "When one is acting as shatz and errs, he should be replaced with someone else.  And he should not refuse at that time."  In other words, the replacement should not refuse.  Rashi clarifies: "He should not refuse because it is demeaning for the tefilla to be thus interrupted."  From this we can learn that when chazzanim switch in the middle of tefilla, in the regular way, at that point too one should not refuse if it will delay the continuation of the tefilla.  Similarly, if the request of the gabbai (sexton) comes in the middle of Pesukei De-zimra or the like, one does not have the opportunity to refuse the first two times.

2) Nowadays it is widely accepted that people do not refuse to act as shatz.  It is likely that the reason for the prescribed refusal lies in the desire to show that he is not worthy of it (Rashi, ibid.).  In the past, when the shatz had to actually exempt his congregation, who did not have siddurim, his acceptance contained an implicit admission that he was better-versed than the others.  Now that these conditions do not apply, the sense that the shatz is above the congregation is greatly lessened (see Teshuvot Ve-hanhagot, 112).

(This shiur was translated by Pnina Baumgarten.)