May these words of Torah serve as a merit le’iluy nishmat Menachem Mendel ben Harav Yoel David Balk, a”h.

Reading the Torah at Mincha when I missed out on the reading during Shacharit

Normally the Torah is to be read during the morning prayers of Monday and Thursday. Shu”t Yehudah Ya’aleh (Chelek Aleph, Orach Chaim Siman 51) was asked about reading the Torah during Mincha. “If a group cannot make the morning minyan, but we will be back in the town for Mincha, may we take out the scroll and read the Torah at Mincha?”

Yehudah Ya’aleh answered that he himself once read the Torah at Mincha. He had been at a rabbinic gathering. They did not have a minyan at the hotel where they met on Monday morning. At around 4 in the afternoon they came to a community that had a shul and a minyan available. Due to the fact that the three rabbis had not heard the morning Torah reading, between Ashrei and the Amidah they took out the Torah and read the Kriyat HaTorah. They felt that our Gemara was the source for the ruling.

Our Gemara taught that Ezra instituted that there should be a reading of the Torah on Mondays and Thursdays. The Gemara asked, “Moshe Rabbeinu already instituted reading the Torah on Mondays and Thursdays! The Torah says that the Jews traveled three days without water. Water is a reference to Torah. Ever since that crisis Jews are to read Torah at least every three days. Therefore, we read on Shabbat, then there is a one-day break with Sunday. On Monday we again read from the Torah. We have a break on Tuesday and Wednesday. To prevent a three-day span of no Torah, on Thursday we read again. If so, what did Ezra add?” The Gemara answered that Ezra either instituted that three people get aliyot on Mondays and Thursdays, while Moshe had only instituted that one person ascend, or Ezra instituted that on Mondays and Thursdays there would be 10 pesukim read and not just three pesukim, as had been first instituted by Moshe Rabbeinu. In light of the rationale of the law being a need to prevent a three-day span of no Torah reading, it would be appropriate to read at Mincha time, if necessary. We must take care that we not have three days of no Torah reading.

However, Yehudah Ya’aleh pointed out that Rambam writes (Hilchot Tefillah 12:1), “Moshe Rabbeinu instituted for the Jewish nation that we are to read the Torah on Shabbat, Monday and Thursday during Shacharit.” Kessef Mishneh pointed out that the Rambam stated that the law was enacted to read Torah during the morning prayers. It sounds from Rambam that it would not be correct to read Torah during Mincha. Yehudah Ya’aleh concluded that some texts of the Rambam do not have the word b’Shacharit. Perhaps that is the more correct version.

Rav Yosef Dov Soloveichik, when he would travel from Boston to yeshiva, would often miss a morning minyan. He would have the students take out a Sefer Torah during Mincha and read the Kriyat HaTorah at Mincha. He related that this was the view of his grandfather Rav Chaim Soloveichik. When Rav Chaim would attend rabbinical conferences and only return home in the late afternoon, he would arrange for a reading of the Torah during Mincha so as to fulfill our Gemara that taught that we are not to pass three days without reading from the Torah. Other poskim felt that this was not necessary.

Maharshag was of the opinion that Torah reading was a communal obligation. If an individual missed out on the reading he did not have any obligation to make it up by having a reading at Mincha.

(Mesivta, Daf Yomi Digest)

Men Using the Mikvah

Ezra instituted that if there was an emission of seed from a man he may not study Torah or pray, unless he first immerses in a mikvah. Tosafot (Bava Kama 82b s.v. Asa Ihu) writes that we do not accept this according to Halacha. We follow the view of Rav Yehuda Ben Beteira, quoted in Tractates Chullin and Berachot, that words of Torah are not susceptible to impurity. One who has impurity upon him may study Torah.

Tosafot ask, how could Rav Yehuda Ben Beteira annul a rule legislated by Ezra? In Jewish law a later court cannot overturn the enactments of an earlier court unless it is greater in scholarship and number. Rav Yehuda Ben Beteira’s court was certainly not greater in scholarship than the court of Ezra.

Tosafot answer that perhaps Ezra had made his law with the proviso that any later court could annul it. Alternatively, perhaps Rav Yehuda Ben Beteira did not have the tradition that Ezra had made this law. He felt Ezra had never made such a law, only later courts had, and he argued with them. Finally, a Rabbinic law only takes effect once it spreads and is adopted by the majority of the nation. Perhaps, this law of Ezra was never accepted by the majority of Jews. It was a decree most people could not stand. As a result, it never took effect.

Orchot Yosher writes that many authorities are of the opinion that the law of Ezra was only annulled in regards to Torah study. The words of Torah are not susceptible to impurity. However, in regards to prayer the law still stands. They feel that even today one may not pray if he had a nocturnal emission. He must first immerse himself in a mikvah. The Pri Megadim writes that while the immersion of Ezra was annulled, one who has the practice of immersing in a mikvah is deserving of a blessing. The Rambam himself writes that it is the practice in Spain and Iraq that a ba’al keri will not pray unless he first bathes his entire body.

In Shu”t Min Hashamayim he asked an angel if one may pray without Ezra’s immersion. He was told that prayer is service to Hashem. Just as a korban is disqualified by impurity, prayer is sullied when it issues forth from an impure body. If one will challenge this by pointing out that we all carry the death impurity, tumat meit, and yet we pray, there is a distinction. The death impurity is not the product of the weakness of one’s mind. It is also an impurity imposed on the person from an external force. Tumat keri emerges from a person’s own body. It is therefore more severe and damaging. Ezra instituted his law based on Divine inspiration. According to the angel of Shu”t Min Hashamayim, men immersing in a mikvah regularly would hasten redemption. We often pray for redemption. Our prayers are rejected for they emerge from impure mouths. If men would regularly immerse in the mikvah and remove tumat keri, redemption would come sooner. (Mesivta)