Disturbing Others who are Davening
In Orach Chayim Siman 102, the Shulchan Oruch discusses two halachos which relate to our conduct when in the presence of someone else who is davening Shemoneh Esrei:
1. One is not allowed to sit within 4 amos (approximately 2 metres) of someone who is davening Shemoneh Esrei.
2. One is not allowed to walk past in front of a person who is davening Shemoneh Esrei.
Sitting near someone davening
The Gemara includes this as one of the halachos of davening that we learn from Chana, when she prayed to be granted a son.
The rationale for the first halocha (according to the Taz and Alter Rebbe) is that the place in which a person is davening Shemoneh Esrei is holy ground and one may not sit in the presence of the Shechina.
Since a person ‘acquires’ an area of 4 amos by 4 amos (approximately 2 metres by 2 metres), this rule applies whether sitting in front of, behind or to the side of the one davening.
The Tur records an alternative reason; So that it should not appear as though his friend is accepting Ol Malchus Shamayim (the Kingshiup of Heaven) by davening while he is sitting idly and doing nothing.
Others suggest that the halocha is so that one cannot hear the requests of the mispallel or watch his outpouring of emotions during davening and thereby cause him to be embarrassed.
If a person is sitting and learning or davening (even saying korbanos), he may sit within 4 amos of someone who is davening Shemoneh Esrei. Saying Tehillim would likewise be allowed. Since he is involved in Divrei Kedusha, it is not an affront to the Shechinah. It also will not appear as though he is not accepting Ol Malchus Shamayim.
Likewise, an elderly or weak person need not stand, since it is self-evident that his not standing is not out of any disrespect. However it is still preferable to sit more than 4 amos away from the mispallel if it is possible.
Sharei Teshuvah records that even if one is sitting in the seat that they have ’bought’ in the Shule, they are still required to stand if someone is davening Shemoneh Esrei within 4 amos of them. This is true even if he was sitting there before the other individual began their Shemoneh Esrei. This is because the Shule is a place that is designated for davening.
Conversely if it is not place of davening and he was there first, meikar hadin he need not stand. There is still a Hiddur to stand none the less. In a Beis Medrash, during the times of learning, there is not even a hiddur to stand and disturb one’s learning if someone starts davening there.
If there is a mechitza between them or if the mispallel is in an adjacent room, one may sit within 4 amos since they are considered to be in a different reshus.
A bimah or fixed furniture that is at least 10 tefachim (approx. 80cm) tall, is considered a valid Mechitza for this purpose. Moveable furniture such as shtenders and tables do not suffice.
Not to walk in front of someone davening
The rationale of the second halocha is so as not to disturb the kavanah of the mispallel.
Even if one has finished their own Shemoneh Esrei, they may not take their 3 steps back if the person behind them has not finished their own Shemoneh Esrei yet.
Because the concern is one of disturbing kavanah, the halocha is limited to walking in front of the one davening. According to the Zohar, quoted by the Alter Rebbe, the sides of the mispallel are also included.
The prohibition also extends to anywhere within the line-of-sight of the mispallel which may be distracting, even if it is more than 4 amos away.
Another difference between these 2 halachos is if there was a mechitza of glass separating between the mispallel and the other individual. In the first halocha, this mechitza would suffice as a separation between them. However, since it is see-through, a glass mechitza would not prevent any movement from disturbing the kavanah of the mispallel.
The Tefillos of children
There are those who are lenient with the tefillos of a child and allow one to pass by. However the prohibition applies completely with regards to the tefillos of a woman. Poskim suggest that one should be machmir in relation to a child as a matter of Chinuch, so that we do not give any suggestion that their tefillos are less valuable.
It is related that a child was once davening Shemoneh Esrei in the inter-connecting door between Rav Kook’s house and his Beis Medrash. Even though it was only a child and the child should not have been davening there, Rav Kook put on his coat and took a much longer route to the Beis Medrash. He did not simply pass in front of the child through the doorway as this would disturb the child’s tefillah.
Other prayers
The Birkei Yosef extends the prohibition of walking in front of one who is davening to one who is reciting Kaddish and the Mishnah Berurah in-cludes the first posuk of Shema. The Geonim rule that one should not walk in front of the Chazzan at any point during davening.
Other disturbing activities
Based on the rationale of this second halocha, we see to what extent the Shulchan Oruch is concerned for protecting the kavanah of someone else who is davening.
Therefore, other activities which would disturb are likewise forbidden. This includes talking while others are still davening Shemoneh Esrei.
Furthermore, unlike passing in front of the mis-pallel, talking in their presence would be ossur even to the sides or behind them. As long as they are in ear-shot of the mispallel, the conversation will be a distraction.
Possible scope for leniency?
There are those who try to justify the fact that this halocha is some-what ignored, because nowadays no one has proper kavanah anyway. Yeshuos Moshe strongly argues that on the contrary, nowadays we need to be even more careful, because even the slightest distraction will affect the already-weaker kavanah of others.
Others suggest that we can be lenient if the mispallel has their eyes closed or covered by a tallis. However, the Kaf Hachayim says that Chaza”l did not make distinctions in their enactment and therefore we cannot be lenient.
Exceptions
There are certain situations in which it contemporary Poskim allow one to walk in front of one who is davening;
If there is a Mitzvah which needs to be fulfilled now and cannot be done later for example someone who is called for an Aliyah, a Kohen going to duchen, or in order to hear Kedusha or Borchu. Similarly using the principal ‘Kovod Habriyos’, if someone needed to go to the bathroom, they could walk in front of someone davening if they are in their way.
Even still, there are Poskim who disagree with these leniencies and one should be machmir if possible.
If someone chooses to daven in a thoroughfare, technically he cannot obstruct someone from passing in front of him. Although the Ketzos Hashulchan suggests that one should find a different route.
By respecting the tefillos of others, may Hashem ‘respect’ our tefillos with immediate answers to all of our requests, especially our requests for the immediate coming of Moshiach.
1. One is not allowed to sit within 4 amos (approximately 2 metres) of someone who is davening Shemoneh Esrei.
2. One is not allowed to walk past in front of a person who is davening Shemoneh Esrei.
Sitting near someone davening
The Gemara includes this as one of the halachos of davening that we learn from Chana, when she prayed to be granted a son.
The rationale for the first halocha (according to the Taz and Alter Rebbe) is that the place in which a person is davening Shemoneh Esrei is holy ground and one may not sit in the presence of the Shechina.
Since a person ‘acquires’ an area of 4 amos by 4 amos (approximately 2 metres by 2 metres), this rule applies whether sitting in front of, behind or to the side of the one davening.
The Tur records an alternative reason; So that it should not appear as though his friend is accepting Ol Malchus Shamayim (the Kingshiup of Heaven) by davening while he is sitting idly and doing nothing.
Others suggest that the halocha is so that one cannot hear the requests of the mispallel or watch his outpouring of emotions during davening and thereby cause him to be embarrassed.
If a person is sitting and learning or davening (even saying korbanos), he may sit within 4 amos of someone who is davening Shemoneh Esrei. Saying Tehillim would likewise be allowed. Since he is involved in Divrei Kedusha, it is not an affront to the Shechinah. It also will not appear as though he is not accepting Ol Malchus Shamayim.
Likewise, an elderly or weak person need not stand, since it is self-evident that his not standing is not out of any disrespect. However it is still preferable to sit more than 4 amos away from the mispallel if it is possible.
Sharei Teshuvah records that even if one is sitting in the seat that they have ’bought’ in the Shule, they are still required to stand if someone is davening Shemoneh Esrei within 4 amos of them. This is true even if he was sitting there before the other individual began their Shemoneh Esrei. This is because the Shule is a place that is designated for davening.
Conversely if it is not place of davening and he was there first, meikar hadin he need not stand. There is still a Hiddur to stand none the less. In a Beis Medrash, during the times of learning, there is not even a hiddur to stand and disturb one’s learning if someone starts davening there.
If there is a mechitza between them or if the mispallel is in an adjacent room, one may sit within 4 amos since they are considered to be in a different reshus.
A bimah or fixed furniture that is at least 10 tefachim (approx. 80cm) tall, is considered a valid Mechitza for this purpose. Moveable furniture such as shtenders and tables do not suffice.
Not to walk in front of someone davening
The rationale of the second halocha is so as not to disturb the kavanah of the mispallel.
Even if one has finished their own Shemoneh Esrei, they may not take their 3 steps back if the person behind them has not finished their own Shemoneh Esrei yet.
Because the concern is one of disturbing kavanah, the halocha is limited to walking in front of the one davening. According to the Zohar, quoted by the Alter Rebbe, the sides of the mispallel are also included.
The prohibition also extends to anywhere within the line-of-sight of the mispallel which may be distracting, even if it is more than 4 amos away.
Another difference between these 2 halachos is if there was a mechitza of glass separating between the mispallel and the other individual. In the first halocha, this mechitza would suffice as a separation between them. However, since it is see-through, a glass mechitza would not prevent any movement from disturbing the kavanah of the mispallel.
The Tefillos of children
There are those who are lenient with the tefillos of a child and allow one to pass by. However the prohibition applies completely with regards to the tefillos of a woman. Poskim suggest that one should be machmir in relation to a child as a matter of Chinuch, so that we do not give any suggestion that their tefillos are less valuable.
It is related that a child was once davening Shemoneh Esrei in the inter-connecting door between Rav Kook’s house and his Beis Medrash. Even though it was only a child and the child should not have been davening there, Rav Kook put on his coat and took a much longer route to the Beis Medrash. He did not simply pass in front of the child through the doorway as this would disturb the child’s tefillah.
Other prayers
The Birkei Yosef extends the prohibition of walking in front of one who is davening to one who is reciting Kaddish and the Mishnah Berurah in-cludes the first posuk of Shema. The Geonim rule that one should not walk in front of the Chazzan at any point during davening.
Other disturbing activities
Based on the rationale of this second halocha, we see to what extent the Shulchan Oruch is concerned for protecting the kavanah of someone else who is davening.
Therefore, other activities which would disturb are likewise forbidden. This includes talking while others are still davening Shemoneh Esrei.
Furthermore, unlike passing in front of the mis-pallel, talking in their presence would be ossur even to the sides or behind them. As long as they are in ear-shot of the mispallel, the conversation will be a distraction.
Possible scope for leniency?
There are those who try to justify the fact that this halocha is some-what ignored, because nowadays no one has proper kavanah anyway. Yeshuos Moshe strongly argues that on the contrary, nowadays we need to be even more careful, because even the slightest distraction will affect the already-weaker kavanah of others.
Others suggest that we can be lenient if the mispallel has their eyes closed or covered by a tallis. However, the Kaf Hachayim says that Chaza”l did not make distinctions in their enactment and therefore we cannot be lenient.
Exceptions
There are certain situations in which it contemporary Poskim allow one to walk in front of one who is davening;
If there is a Mitzvah which needs to be fulfilled now and cannot be done later for example someone who is called for an Aliyah, a Kohen going to duchen, or in order to hear Kedusha or Borchu. Similarly using the principal ‘Kovod Habriyos’, if someone needed to go to the bathroom, they could walk in front of someone davening if they are in their way.
Even still, there are Poskim who disagree with these leniencies and one should be machmir if possible.
If someone chooses to daven in a thoroughfare, technically he cannot obstruct someone from passing in front of him. Although the Ketzos Hashulchan suggests that one should find a different route.
By respecting the tefillos of others, may Hashem ‘respect’ our tefillos with immediate answers to all of our requests, especially our requests for the immediate coming of Moshiach.