May these words of Torah serve as a merit le’iluy nishmat Menachem Mendel ben Harav Yoel David Balk, z”l, and Meira Chaya Nechama Beracha, a”h, bat David Mordechai Fishel, sheyichyeh.
He screamed and the thief threw the sefer Torah down and fled. Does he need atonement?
Holy items, such as tefillin and a sefer Torah, must be treated with great respect. It is our custom that if a Torah scroll were to fall in shul, everyone present would be required to fast. A man posed the following question to Rav Yitzchok Zilberstein: A thief had broken into a shul and removed the sefer Torah from the aron kodesh. A man witnessed the crime and started to scream at the thief, who became frightened, threw the sefer Torah to the floor, and ran away. The man is now asking if he is obligated to fast. Does he require atonement for having caused a sefer Torah to be thrown to the floor?
Rav Zilberstein proves from our Gemara that the man does not require atonement; he performed a mitzvah and is not obligated to fast. Our Gemara discusses the respect we must give to a pair of tefillin and its placement under a pillow. Rava taught that halachah follows Shmuel in that one may place his tefillin under his pillow, even when there are others in the bed with him, because kol linetirusa tefei adif. Rashi (s.v. kol linetirusa) explains that it is preferable to safely guard tefillin from mice and thieves than simply giving them respect. Rashi seems to teach that even though placing tefillin under a pillow may not be deemed respectful to the tefillin, it is the appropriate thing to do in order to protect them from theft or defilement by mice. Therefore, while we never want to witness a sefer Torah thrown to the floor, it is best to cause it to be thrown in order to protect it from being stolen by a thief. We find a similar law in Brachot (18a).
Gemara Brachot (18a) teaches that if one is transporting a sefer Torah from place to place and is worried that it may get stolen, he is allowed to place it on a donkey and ride atop it in order to safeguard it from thieves. We also learned in Brachos (23a) that one may carry tefillin into an outhouse when there is a fear that they may be taken by thieves. Protection from theft is preferable to a display of respect. The rationale of this standard is that when one engages in efforts to protect the sefer Torah from theft, that itself demonstrates a measure of respect toward the sefer Torah. During the first Gulf War, Iraq fired missiles at our brethren in Israel. A firefighter asked Rav Zilberstein, “If a missile hits a building that houses a shul and a fire breaks out, would I be permitted to run in and throw the sefer Torah out the window to save it from the fire?” Rav Zilberstein ruled that it would be allowed. When one is taking action to save the holy work from fire, theft or disgrace, it is an expression of honoring the scroll and is permitted. (Chashukei Chemed)
May a Jew raise his voice when davening Shemoneh Esrei?
Our Gemara seems to indicate that one should recite Shemoneh Esrei quietly and should not raise his voice while saying the words. A Baraita taught that one who raises his voice during prayers is a person of limited faith, miktanei amanah. Rav Huna taught that this is only if he can attain concentration with whispered words. However, if he finds that he does not have kavanah while praying softly, he is allowed to enunciate his prayers loudly. This permission to pray aloud is limited. It only applies when he is praying as an individual; however, if he is part of the community, he should not petition audibly, for that would disturb others. The behavior of Moshe Rabbeinu is therefore puzzling. When Moshe’s sister was afflicted with tzara’as, the Torah (Bamidbar 12:13) states, “Vayitzak Moshe el Hashem, And Moshe screamed out to Hashem.” Why would Moshe Rabbeinu violate the dictum of our sages? Our sages recommend silent, soft prayer; he shouted.
The Imrei Emes suggests an answer. Rashi (ibid.) teaches that Moshe abbreviated his prayer so that people would not say, “His sister is in distress and he is praying at length.” This was why he chose to raise his voice during prayer, informing all that it was a short plea and that he was not engaged in lengthy petition while his sister was in a trying situation. Teshuvot Harif (cheilek 1 siman 320) teaches that when one raises his voice in Shemoneh Esrei to help the community or due to duress, he is not considered a person of limited faith. Mabit (Beit Elokim, Sha’ar Hatefillah Chapter 6) offers an alternate answer.
According to Mabit, there are two types of prayer: standard supplication and cries of crisis. When engaged in the standard prayers, our sages said that you should whisper and express that you believe that Hashem can hear your soft words. However, when you pray due to crisis and travail, you are in pain and are expected to cry out. When Moshe was praying for his sister, it was a tefillah b’eit tzarah, and as a prayer that expressed pain and hurt, it was appropriate to shout.
Aruch Hashulchan (Orach Chaim siman 101:8) emphasizes that our Gemara merely discourages loud prayer of Shemoneh Esrei. It is widely accepted to recite Selichot and piyutim at a high decibel. This is a good practice, as speaking loudly can help facilitate concentration and arouse greater kavanah. Ramban al HaTorah (Shemot 13:19) highlights that loud prayer can assist in reaching a greater level of concentration and kavanah. It is therefore beneficial to recite Hallel, Pesukei D’zimra, and other praises of Hashem aloud. It is only Shemoneh Esrei that is best recited softly. Shulchan Aruch and Rama (Orach Chaiim 101:3) indicate that during Rosh Hashanah and Yom Kippur it is even appropriate to recite Shemoneh Esrei aloud. It is a time for teshuvah, and therefore loud prayer, which will increase the heart’s devotion, is in order. Everyone will try their best, and loud words will not interrupt others’ meditations. Therefore, even for Shemoneh Esrei, one need not whisper. (She’arim Metzuyanim Behalacha)
Rabbi Zev Reichman teaches Daf Yomi in his shul, East Hill Synagogue.
