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 Shabbat Parashat Vayetzei| 5764Ask the RabbiQuestion: One of our columns in Torah Tidbits stated definitively that one may not walk within 4 amot (6-7 feet) ofsomeoneduringhis Shmoneh Esrei. Some readers inquired whether this is an absolute rule. We want the “Vebbe Rebbe” to voice an opinion on the matter.
Answer: We must distinguish between the desirable and the prevalent practice. Under normal circumstances it is at least desirable for people not to walk within 4 amot of someone in the middle of Shmoneh Esrei (Shulchan Aruch, OC 102:4-5) (and perhaps Kri’at Shema (Eliyahu Rabba102:6) and Kaddish (Yabia Omer V, OC 9)). This is the simple reading of the gemara and the classical poskim anddisplays good middot. However, there are important poskim who found grounds for limud z’chut (justification of leniency) of less than full fulfillment of the stated halacha. In some cases, stringency is unnecessary or negative. We will start with background.
There are two similar halachot regarding people who are nearby others during their Shmoneh Esrei. One is not to sit within his 4 amot in any direction (Shulchan Aruch ibid.:1). The main issues are sitting in a place where the Divine Presence (shechina)is felt and/or appearing not to concur with the content of his tefilla. The entire issue by the other halacha, not to pass in front of one who is davening, is, according to almost all poskim,the fear of disturbing his concentration (Chayei Adam 26:(2) also mentions the shechina). Can we say that since the issue is only affecting someone else, he can waive his rights? We agree with the article, that one may not condone having his tefilla disturbed, as he himself may not do anything to disrupt his tefilla.
The poskim display varied approaches regarding their flexibility in considering whether the prohibition applies in borderline cases. The Shulchan Aruch (102:4) rules that one can pass near someone from the side, and the Mishna Berura (ibid.:15) is inconclusive on the question of whether passing diagonally in front is a problem. He also shows an inconclusive, moderate approach by entertaining local leniency where the problem is less severe (e.g. the davener hashis face covered by a tallit), yet he stops shortofpermitting it outright. The Aruch Hashulchan (102:13) is lenient where the two people are separated by furniture that is 10 tefachim high (roughly waist high), whereas the Mishna Berura is not (ibid.:2). Yet none of these sources rationalizes walking directly in front of someone who is blocking one’s path to the aisle.
Some bold ideas of limud z’chut onthose who all but ignore the halacha are found in Eishel Avraham (Butchach) (102) and Tzitz Eliezer (IX, 8). The former talks about one being optimistic that when he wants to pass, the davener has finished the main part of Shmoneh Esrei or is taking a break in his tefilla. The latter even suggests that since few people concentrate well anyway (see Tur, OC 101), the halacha’s full force no longer applies. One should not follow these suggestions regularly but can use them to be tolerant of the lenient or in cases of specific need.
When one needs to pass to fulfill a mitzva (e.g. a Kohen needs to duchen, he is the ba’al koreh)orhe has an acute need to use the facilities, most poskim are lenient, as logic dictates (see cases in Tefilla K’hilchata 12:113-116). The Shulchan Aruch (ibid.:5) says that the need to take the three steps back is insufficient to encroach on another’s 4 amot, even if he began davening late. However, when the davener’sactions create an unreasonable burden on others (especially, a group) by blocking the door or aisle for an extended period of time, some poskim draw the line. Da’at Torah (ad loc.), comparing it to one who buries the dead in a public thoroughfare, says that it is permitted to traverse the area. Consider also that standing near him with an angry face may affect his concentration more than passing by. Of course, while a slow or late davener should give thought to his location’s affect on others, we should remember that he has feelings, too.
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