web analytics
August 28, 2014 / 2 Elul, 5774
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Q & A: A Sabbath Desecrator Leading Services (Part XI)


QuestionsandAnswers-logo

Question: May someone who desecrates the Sabbath lead the services if he has yahrzeit? If yes, may he replace someone else who has yahrzeit?

Hayim Grosz
(Via E-Mail)

Answer: Exodus 31:16-17 is the source for our Sabbath observance. The verses explain that Shabbat serves as a sign between G-d and the Jewish people of our uniqueness before G-d. In parshat Bereishit we see that Shabbat bears testimony to the creation since G-d abstained from creating the world on that day.

Many Jews throughout the generations have exhibited tremendous self-sacrifice to observe Shabbat. While today there are many laws to protect Sabbath observers, this was not the case generations ago. Therefore, it became de rigueur for Jews to refer to themselves with the appellation “shomer Shabbat” as opposed to, for example, “shomer Torah u’mitzvot.” Although the observance of Shabbat is just one aspect of Judaism, it is one that clearly identifies the Jew and is an unmistakable indicator of his or her level of commitment.

We examined the qualifications of a shliach tzibbur, who must be able to pronounce each letter and vowel correctly. The Mishnah Berurah explains that a shliach tzibbur must be a tzaddik ben tzaddik. However, even if one is not from a distinguished family, one may serve as a shliach tzibbur as long as he is not a tzaddik ben rasha.

We also discussed whether a Sabbath desecrator can lead prayer services. The Shulchan Aruch writes that saying a blessing over a stolen pair of tefillin is forbidden. Thus, a Sabbath desecrator leading services is not blessing G-d but blaspheming Him. We thus might classify such a tefillah as a mitzvah haba’ah be’averah.

Rabbi Yitzhak Yaakov Weiss (Minchat Yitzhak III 26:4) suggests a more lenient approach, differentiating between various categories of mechallelei Shabbat. Authorities differ on when a hidden desecrator is considered an apostate, and when he is still considered a Jew in good standing. Ultimately, different circumstances create different rulings.

Rabbi Chaim Mordechai Hodakov, zt”l, allowed Sabbath desecrators to lead services in extenuating circumstances, such as where there are few available candidates “because at that moment, when [the mechallel Shabbat] leads the congregation, is he desecrating Shabbos?”

It follows that we cannot compare a Sabbath desecrator leading prayer services with a “mitzvah haba’ah be’averah” – e.g., saying a blessing over stolen tefillin – for when a shliach tzibbur leads services, he is not desecrating the Sabbath.

We also examined the Gemara which discusses freeing one’s slave – a prohibition – in order to make up a minyan. We compared that act to including a Sabbath desecrator in a minyan. If a slave can make up a minyan, surely a Sabbath desecrator, who is obligated in mitzvot (unlike a slave) and who is doing nothing wrong at the moment, can be part of a minyan and lead the services.

Last week, we cited the Pnei Moshe regarding someone who is in possession of stolen objects and seeks to perform mitzvot with them, and is also plagued with sin. Such an individual should not pray until he has divested himself of those sins. Similarly, our Sabbath desecrator has not repented his ways, and yet he seeks to lead the prayers. However, Rabbi Moshe Feinstein tells us that we are to look at a person’s present condition. The desecrator is presently engaged in prayer to Hashem as he seeks to benefit the neshamah of his dear departed relative.

* * * * *

As we conclude this discussion, I think it is important to take into account the question of priority among people who come to a shul to pray. My esteemed colleague and Jewish Press columnist, Rabbi J. Simcha Cohen, discussed this topic on these pages a number of years ago. Rabbi Cohen’s premise is that, in certain circumstances, not all individuals can claim equal rights to lead the services. The following is a column he wrote on the topic:

“Question: Two people pray regularly in a synagogue. One attends services every Shabbat and Yom Tov but does not attend weekday services. The second person attends services during week but does not attend services on Shabbat and holidays. In the event that both have yarhrzeit on the same day, which one should be granted priority in leading the services?

About the Author: Rabbi Yaakov Klass, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Q & A: A Sabbath Desecrator Leading Services (Part XI)”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Baby wearing a Hamas head band attends a Hamas "victory" rally in central Gaza City, on August 27, 2014, following the latest cease-fire.
Vast Majority of Gazan Arabs Support Terror Against Israel
Latest Judaism Stories
Rabbi Sacks

Judaism is a religion of love but also a religion of justice, for without justice, love corrupts.

Rebbetzin Esther Jungreis

The time immediately preceding Mashiach’s arrival is likened to the birth pangs of a woman in labor.

Parsha-Perspectives-logo

Eisenhower understood that motivated men will fight much harder and longer than unmotivated men.

Who does not want to get close to Hashem? Yet, how do we do that?

Hashem recalls everything – nothing is hidden from His eyes.

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

If a man sins and follows his inclinations, he will find comfort in this world – but when he dies, he will go to a place that is all thorns.

Nothing is more effective to diminish envy than gratitude.

The first prayer of Moshe was Vayechal, where Moshe’s petition was that no matter how bad bnei Yisrael were, the Egyptians were worse.

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

If we regard pain and suffering as mere coincidence, we will feel no motivation to examine our lives

Culture is not nature. There are causes in nature, but only in culture are there meanings.

More Articles from Rabbi Yaakov Klass
Questions-Answers-logo

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

A CPE class at Kingsbrook Jewish Medical Center in Brooklyn was tailor made for Orthodox participants.

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
(Via E-Mail)

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/ask-the-rabbi/q-a-a-sabbath-desecrator-leading-services-part-xi/2013/04/17/

Scan this QR code to visit this page online: