Daf Yomi - Moed Katan 15 - IMMERSION OF A BAAL KERI

The Gemora cites a braisa: It is written [Devarim 4:9]: Make them known to your children and your children's children and the next verse states: The day that you stood before Hashem, your G-d in Choreb. We derive from the juxtaposition of the two verses that just as when the Jews stood at Mount Sinai and received the Torah, they did so in dread and awe, with trembling and fear, so too, when torah is being studied in all future generations, it must be learned with dread and awe, with trembling and fear. It is learned from here that a baal keri, one who experienced a seminal emission, is prohibited from reading the Torah, Prophets and Writings, nor can he study the Medrash, Talmud, Halacha and any Aggadic teachings. This is because the baal keri developed a tumah which occurred through levity and this is in contrast to the feelings of awe which are required when studying Torah.

The Gemora in Brochos (22a) states that one who is a baal keri should immerse himself in a ritual bath before studying Torah or praying. This is known as Tevilas Ezra.

The Gemora (ibid) states that nowadays Tevilas Ezra has been nullified. The Rif explains: Some say that it was nullified completely and a baal keri is not required to immerse himself in a mikvah prior to studying Torah or praying and others say that it was limited to studying Torah, but one would still be required to immerse himself in a mikvah prior to praying. He concludes: It is not required to immerse in a mikvah; nine kavin of water poured on his body will be sufficient.

Rabbeinu Hai Gaon states: Since it is not explicit in the Gemora, a baal keri must follow the custom of all the Jewish people and he should not commence to pray until he washes himself.

The Raavad in Sefer Haeshkol asked Rabbeinu Hai Gaon as to what should be done if one becomes a baal keri on Shabbos or on a festival when he cannot immerse himself in a mikvah. He responded that he remembers many Shabbosos being by Rav Aharon Gaon when they prayed in his house and Rav Aharon Gaon would not pray at all.

The Rambam (Hilchos Krias Shema) writes that Ezra’s enactment did not spread throughout Klal Yisroel and a majority of the community was not able to maintain it, therefore it became nullified. It has become the custom throughout Klal Yisroel to study Torah and recite Kerias Shema even while they are a baal keri since Torah is not susceptible to becoming tamei.

The Rambam in Hilchos Tefillah (4:4) writes that Ezra instituted that a baal keri should not study Torah until he immerses himself in a mikvah and a later Beis Din extended this decree to include tefillah. This was not on the account of tumah, but rather because they did not want the Talmudic scholars to be constantly with their wives like roosters. The decree regarding tefillah became nullified because the original enactment did not catch on throughout Klal Yisroel and a majority of the community was not able to maintain it. It has become the custom in certain areas for a baal keri not to pray until he washes his entire body with water based on the verse: One should prepare himself before greeting Hashem, the G-d of Israel.

The sefer Brocha Mishuleshes writes that it only became nullified in instances where one cannot locate a water source, however where water is accessible, a baal keri should not study Torah or pray until he washes himself. He concludes that one Beis Din does not have the power to nullify the decrees of a previous Beis Din.

It is written in Shailos V’teshuvos min Hashamayim (5): It is this fact (the people who are a baal keri and pray without immersing themselves) that has caused the exile to be so long. If Klal Yisroel’s tefillah would be in the proper way, our prayers would have been accepted years before.

He concludes: Perhaps we cannot accomplish that every baal keri should immerse himself in a mikvah prior to his tefillah, but at least the chazzan (leader of the services) should immerse himself and it will be in this merit that will hasten the Redemption.

Shulchan Aruch (O”C 88) rules that Ezra’s decree has been nullified and a baal keri can pray and study Torah without immersing himself. The Magen Avraham writes: Even though that one Beis Din does not have the power to nullify the decrees of a previous Beis Din unless they are greater in wisdom or numbers, since this enactment never caught on throughout Klal Yisroel, it can become nullified.

The Mishna Berura writes that one who has the custom to purify himself through immersion should only do so if he will not neglect the correct time to recite kerias shema and tefillah He adds that possibly, if immersing in the mikvah will result that he will not be able to pray along with a minyan, it is preferable not to go to the mikvah.

It is written in the sefer Meor V’shemesh: It is impossible to comprehend the true meaning of fearing Hashem if one is not careful in regards to this immersion. If one studies Kabbalah without purifying himself, the learning will result in heresy. He cites from the Baal Shem Tov and the Rebbe Reb Elimelech that one who wishes to comprehend Torah and mitzvos must be careful in this immersion, otherwise they will not be capable of reaching the heights they wish to attain.

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Daf Yomi - Rosh Hashana 35 - WHICH NUSACH SHOULD THE CHAZZAN USE BY HIS QUIET SHEMONEH ESREI?

Rabban Gamliel is cited in a braisa explaining that the congregation davens prior to the chazzan davening out loud because we want to give the chazzan time to prepare his tefillah.

Harav Moshe Feinstein in Igros Moshe (O”C 2:29) writes that this is true even according to the Sages who disagree with Rabban Gamliel. The reason the chazzan davens quietly beforehand is in order to prepare him for his recitation out loud.

Rav Moshe rules that the chazzan, in his quiet Shemoneh Esrei, is required to daven in the same nusach as he will be using when he davens out loud. The reason he is davening the quiet Shemoneh Esrei is to prepare him for the recitation out loud and it can only be regarded as preparing if he is using the same nusach. Rav Moshe cites support for his opinion from the Magen Avraham (O”C 124:3) who writes that the reason the chazzan is davening the quiet Shemoneh Esrei is to prepare him for the recitation out loud.

Rav Elyashiv Shlita disagrees and maintains that the chazzan can recite the quiet Shemoneh Esrei according to his usual nusach of tefillah. Rav Elyashiv maintains that the Magen Avraham only means that one should prepare himself for anything that will prevent him from discharging his obligation of Tefillah. The nusach of Tefillah, however, will not preclude him from fulfilling his obligation of Tefillah. Thus, he is permitted to daven according to his usual nusach of Tefillah.

The editor of Rav Elyashiv’s sefer relates an incident that took place with the Cahfetz Chaim in Radin. A chazzan asked of him if he was required to daven in his quiet Shemoneh Esrei with the same nusach as he will be using in the repetition. The Chafetz Chaim responded that logically he is correct, however the ruling is that he can daven in his usual nusach.

Dayan Weiss (6:31) was asked this question and he ruled that the chazzan is not required to daven with the same nusach that he will be using during the Repetition of Shemoneh Esrei. His reason is based on Shulchan Aruch (101) that we now use a siddur and therefore there is not such a concern that he will make a mistake when he repeats the Shemoneh Esrei.

Rav Elyashiv writes that one can argue with the reasoning of the Magen Avraham, as perhaps it is only Rabban Gamliel who maintains that the congregation davens prior to the chazzan davening out loud because we want to give the chazzan time to prepare his tefillah. This rationale, however, will not apply according to the Sages, because the reason the chazzan davens quietly is for the same reason that the congregation davens. Although the congregation has already fulfilled the mitzvah of tefillah when they daven their tefillah, the Chachamim instituted that the congregants should listen to the tefillah of the chazzan. The chazzan is equivalent with the rest of the congregation and he must daven his own Shemoneh Esrei first and then recite the tefillah out loud. [Rav Elyashiv also writes that according to Kabbalah, every worshipper must daven twice, once quietly and then a second time with the chazzan.]

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Daf Yomi - Yoma 87 - Time for Neilah

Rav holds that the tefillah of neilah, the final tefillah prayed on Yom Kippur can be recited at night. Therefore, he rules that if one davened neilah after dark, he will be exempt from davaning maariv that night. His reasoning is neilah is considered an extra tefillah and since one davened a tefillah at night, that will be valid for maariv as well, which is a tefillah that is normally recited at night.

Many rishonim bring down a Gemora found in the Yerushalmi that disagrees with this and therefore they conclude that neilah must be recited by day. The Mordechai writes that although we witness many congregations davaning neilah after dark, this is not because this is the custom, but rather due to a mistake that the chazanim base themselves on.

The Beis Yosef writes that since tefillas neilah is a time that we beseech Hakodosh Boruch Hu for mercy and compassion, it should be commenced earlier in the day to enable the chazan's repeatal of shmone esrei to be by day and at least the birchas kohanim should be before nightfall. He concludes that based on his reasoning, neilah should be started very early in the day which is not practical, therefore the preferable manner is to shorten some of the slichos and pesukim in the middle of the tefillah and to instruct the chazan not to stretch out the words like he usually does.

There is a discussion in the poskim if Rav meant that neilah should be recited after dark preferably or did he mean that it can be recited at that time.

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