Tachanun when there is no Sefer Torah Present
Due to the COVID-19 restrictions, we were davening in gazebos at the front of the Shule. I noticed that some people do not lean their heads on their arms as we usually do. What is the reason for this?
Colloquially we refer to this prayer as Tachanun. The technical Halachic and Talmudic name for this Tefillah is Nefilas Apayim – literally ‘falling on one’s face’.
In the times of Chaza”l and the Rishonim, Nefilas Apayim involved actually bowing down with their face to the ground. This could be done either with stretching out one’s hands and feet or by kneeling on the ground.
Nowadays, due to a number of Halachic concerns, the custom is not to bow with one’s face to the ground. Instead, we lean our heads on our arm and cover our face[1].
When there is no Sefer Torah present:
The Rokeach[2] writes that we only ‘fall on our face’ in the presence of a Sefer Torah. As support, he quotes a Posuk from Sefer Yehoshua[3] at the battle of Ai “and Yehoshua tore his clothes and fell on his face on the ground before the Ark of Hashem…”
This opinion is recorded by both the Ram”o in Darkei Moshe and by the Beis Yosef. The Beis Yosef writes that if this is a received tradition (Kabbalah), we accept it. But if not, it can be easily argued against.
In the Shulchan Aruch, the Mechaber writes about Nefilas Apaim and does not make any distinction on whether it applies only in the presence of a Sefer Torah or not. However, the Ram”o[4] brings the opinion of the Rokeach as Halacha.
The Ta”z challenges the opinion of the Rokeiach and his source. He quotes from the account of the Pilegesh Begivah “and they cried and repented before Hashem”. We do not say that crying and repentance may only be done in the presence of the Sefer Torah (before Hashem). So too, the use of “before Hashem” has no consequence in the verse of Yehoshua either[5].
He also brings a case discussed by the Rosh as proof that one does Nefilas Apayim even at home[6].
In contrast, the Magen Avraham[7] follows the position of the Ram”o who rules like the Rokeiach. The Alter Rebbe[8] adopts the ruling of the Ram”o and Magen Avraham, however he describes this as Yesh Nohagin, that there are those whose custom is to only do Nefilas Apayim in the presence of a Sefer Torah[9].
Siddur HaAriza”l writes that one should fall on their face even when there is no Sefer Torah present. However, this only applies to a person who is known to be pious and follow the ways of Kabbalah. Birkei Yosef[10] writes that we follow the opinion of the Mechaber and fall on our face even when there is no Sefer Torah present and that this accords with the teachings of Kabbalah[11].
(It is recorded that Rabbi Yosef Dov Soloveitchik would say Tachanun while leaning on his arm even when no Sefer Torah was present, as per the view of the Ta”z)
The Ezras Nashim and adjacent rooms
The Magen Avraham rules that even though for other Halachos the Ezras Nashim is not considered as being in the same room, for the purpose of Nefilas Apayim is has the same status as being in the Shule. The Alter Rebbe writes that this applies even if the door between them is closed[12].
Aruch Hashulchan[13] writes that people who are in small rooms that are adjacent to the Shule or Beis Medrash do Nefilas Apayim. This is like the Ezras Nashim.
In the courtyard of the Shule
The Mahari”l[14] writes that in the courtyard of a Shule one does Nefilas Apayim if the door of the Shule is open. If the door is closed, they recite Tachanun with their face uncovered for it is as though they were at home.
The Ta”z[15] qualifies that this is only where one can see the doorway from where they are standing. If one was on the sides of the courtyard they do not fall on their face even if the door is open[16]. The Alter Rebbe does not bring this qualification of the Ta”z.
Mishna Berura[17] writes further that this will also only apply if from one’s angle they can see the Aron Kodesh through the door.
If the door is open but there is a curtain in front, Daas Torah rules that we still do Nefilas Apayim. If one can see the Aron Kodesh through a window which is open or has clear glass, they do Nefilas Apayim[18].
Davening at the time of the Tzibbur
Darkei Moshe quotes Mahar”I Molin that if one is davening at home at the same time that the Tzibbur is davening, it is considered as if he was with them in the Shule in the presence of the Aron Hakodesh. Therefore, they can say Tachanun while covering their face[19].
This is because we apply the principle that even a Mechitzah of iron cannot separate between a Jew and their Father in Heaven[20]. Based on this Elya Rabbah writes that this applies even if the door of the Shule is closed.
Levush writes that he never saw this practised. It could be that the leniency only applies when the person’s house is next to the Shule and can hear them. However, the other Acharonim do not make this distinction.
Magen Avraham writes that one has to be saying Tachanun at the same time that the Tzibbur is saying Tachanun. However the Ta”z[21] writes it is sufficient to be davening at the same time as the Tzibbur is davening. The Aruch Hashulchan follows the Ta”z. However, the Alter Rebbe explicitly rules like the Magen Avraham.
Ketzos Hashulchan[22] writes that one may only do Nefilas Apayim at home together with the Tzibbur if no Makom Metunaf (a disgusting place where one is forbidden to daven) separates between one’s home and the Shule.
Pri Megadim[23] quotes Elya Rabbah that when one says Tachanun without falling on their face, for example one who is davening in their home, it may be said while standing.
Sefer Torah Pasul
Rabbi Moshe Feinstein[24] writes that since we do not fall on our faces in the original manner of bowing, we can do Nefilas Apayim even in the presence of a Sefer Torah which is Pasul.
Other Seforim
Elya Rabbah[25] records the opinion of Shayarei Kneses Hagedolah that other Seforim have the same status as a Sefer Torah.
The Elya Rabbah writes that he has not seen this practised. Further, in every home, one would be in the presence of the Mezuzah, so why would one not do Nefilas Apayim? He also points out that the Posuk which is the source of the Rokeiach’s ruling refers to the Aron Hakodesh which contained a Sefer Torah.
Kaf Hachayim rules like Elya Rabbah that we do not perform Nefilas Apaim when there are only Seforim present.
However, many of the contemporary Poskim rule like the Shayarei Kneses Hagedolah, including the Igros Moshe[26]. Rabbi Nissim Karelitz[27] likewise writes that one may do Nefilas Apayim in the presence of other Seforim. However, he qualifies that this is only where the Seforim are kept in a permanent manner such as in a designated bookshelf.
Chinuch
Rabbi Moshe Feinstein rules that for the purpose of Chinuch we can allow children to do Nefilas Apaim even where there is no Sefer Torah or even Seforim present, relying on the ruling of the Mechaber[28].
Yerushalaim
Rabbi Yechiel Michel Tukitchinsky[29] writes that the Minhag in Yerushalaim is to do Nefilas Apaim even when there is no Sefer Torah present and even when not in a Shule. He explains that Yerushalaim is always considered to be before the Ark of Hashem as the Kedusha of Yerushalaim never departed.
Rabbi Shlomo Zalman Auerbach explains that this only applies to within the walls of the Old City[30]. However, Ketzos Hashulchan[31] does not make any distinction. Rabbi Moshe Feinstein[32] writes that anyone visiting Yerushalaim should follow the local custom.
_____________________________________
[1] See Shulchan Aruch Harav 131:1
[2] Siman 324
[3] 6:7
[4] 131:2
[5] There is a difference in that the Posuk in Shoftim does not mention the Ark of Hashem
[6] This proof is not definitive as it may refer to a home where a Sefer Torah was present
[7] OC 131:7
[8] 131:3
[9] Perhaps he words it this way because the Ta”z follows the Mechaber
[10] 131:1
[11] See Nimukei Orach Chaim (Munkacz) that there are different understandings of the position according to Kabbalah.
[12] 131:3
[13] 131:10
[14] Quoted in Darkei Moshe 131
[15] 131:6
[16] Levushei Srad.
[17] 131:13
[18] Piskei Teshuvos 131:12
[19] Agur quoted in Darkei Moshe
[20] Pesachim 85b
[21] 131:7
[22] 24:1
[23] Eshel Avraham 131:5
[24] Igros Moshe OC 4:21
[25] 131:5
[26] 5:20:5
[27] Chut Shani Yomtov, Inyanim 10
[28] He writes that when he was young, in many places in Europe the children were not taught to say Tachanun, even those who already knew a number of Mesechtos!
[29] Eretz Yisrael (1:9)
[30] Ishei Yisrael 25 note 39, Teshuvos Vehanhagos 2:79
[31] 24:4
[32] Igros Moshe YD 3:129
Colloquially we refer to this prayer as Tachanun. The technical Halachic and Talmudic name for this Tefillah is Nefilas Apayim – literally ‘falling on one’s face’.
In the times of Chaza”l and the Rishonim, Nefilas Apayim involved actually bowing down with their face to the ground. This could be done either with stretching out one’s hands and feet or by kneeling on the ground.
Nowadays, due to a number of Halachic concerns, the custom is not to bow with one’s face to the ground. Instead, we lean our heads on our arm and cover our face[1].
When there is no Sefer Torah present:
The Rokeach[2] writes that we only ‘fall on our face’ in the presence of a Sefer Torah. As support, he quotes a Posuk from Sefer Yehoshua[3] at the battle of Ai “and Yehoshua tore his clothes and fell on his face on the ground before the Ark of Hashem…”
This opinion is recorded by both the Ram”o in Darkei Moshe and by the Beis Yosef. The Beis Yosef writes that if this is a received tradition (Kabbalah), we accept it. But if not, it can be easily argued against.
In the Shulchan Aruch, the Mechaber writes about Nefilas Apaim and does not make any distinction on whether it applies only in the presence of a Sefer Torah or not. However, the Ram”o[4] brings the opinion of the Rokeach as Halacha.
The Ta”z challenges the opinion of the Rokeiach and his source. He quotes from the account of the Pilegesh Begivah “and they cried and repented before Hashem”. We do not say that crying and repentance may only be done in the presence of the Sefer Torah (before Hashem). So too, the use of “before Hashem” has no consequence in the verse of Yehoshua either[5].
He also brings a case discussed by the Rosh as proof that one does Nefilas Apayim even at home[6].
In contrast, the Magen Avraham[7] follows the position of the Ram”o who rules like the Rokeiach. The Alter Rebbe[8] adopts the ruling of the Ram”o and Magen Avraham, however he describes this as Yesh Nohagin, that there are those whose custom is to only do Nefilas Apayim in the presence of a Sefer Torah[9].
Siddur HaAriza”l writes that one should fall on their face even when there is no Sefer Torah present. However, this only applies to a person who is known to be pious and follow the ways of Kabbalah. Birkei Yosef[10] writes that we follow the opinion of the Mechaber and fall on our face even when there is no Sefer Torah present and that this accords with the teachings of Kabbalah[11].
(It is recorded that Rabbi Yosef Dov Soloveitchik would say Tachanun while leaning on his arm even when no Sefer Torah was present, as per the view of the Ta”z)
The Ezras Nashim and adjacent rooms
The Magen Avraham rules that even though for other Halachos the Ezras Nashim is not considered as being in the same room, for the purpose of Nefilas Apayim is has the same status as being in the Shule. The Alter Rebbe writes that this applies even if the door between them is closed[12].
Aruch Hashulchan[13] writes that people who are in small rooms that are adjacent to the Shule or Beis Medrash do Nefilas Apayim. This is like the Ezras Nashim.
In the courtyard of the Shule
The Mahari”l[14] writes that in the courtyard of a Shule one does Nefilas Apayim if the door of the Shule is open. If the door is closed, they recite Tachanun with their face uncovered for it is as though they were at home.
The Ta”z[15] qualifies that this is only where one can see the doorway from where they are standing. If one was on the sides of the courtyard they do not fall on their face even if the door is open[16]. The Alter Rebbe does not bring this qualification of the Ta”z.
Mishna Berura[17] writes further that this will also only apply if from one’s angle they can see the Aron Kodesh through the door.
If the door is open but there is a curtain in front, Daas Torah rules that we still do Nefilas Apayim. If one can see the Aron Kodesh through a window which is open or has clear glass, they do Nefilas Apayim[18].
Davening at the time of the Tzibbur
Darkei Moshe quotes Mahar”I Molin that if one is davening at home at the same time that the Tzibbur is davening, it is considered as if he was with them in the Shule in the presence of the Aron Hakodesh. Therefore, they can say Tachanun while covering their face[19].
This is because we apply the principle that even a Mechitzah of iron cannot separate between a Jew and their Father in Heaven[20]. Based on this Elya Rabbah writes that this applies even if the door of the Shule is closed.
Levush writes that he never saw this practised. It could be that the leniency only applies when the person’s house is next to the Shule and can hear them. However, the other Acharonim do not make this distinction.
Magen Avraham writes that one has to be saying Tachanun at the same time that the Tzibbur is saying Tachanun. However the Ta”z[21] writes it is sufficient to be davening at the same time as the Tzibbur is davening. The Aruch Hashulchan follows the Ta”z. However, the Alter Rebbe explicitly rules like the Magen Avraham.
Ketzos Hashulchan[22] writes that one may only do Nefilas Apayim at home together with the Tzibbur if no Makom Metunaf (a disgusting place where one is forbidden to daven) separates between one’s home and the Shule.
Pri Megadim[23] quotes Elya Rabbah that when one says Tachanun without falling on their face, for example one who is davening in their home, it may be said while standing.
Sefer Torah Pasul
Rabbi Moshe Feinstein[24] writes that since we do not fall on our faces in the original manner of bowing, we can do Nefilas Apayim even in the presence of a Sefer Torah which is Pasul.
Other Seforim
Elya Rabbah[25] records the opinion of Shayarei Kneses Hagedolah that other Seforim have the same status as a Sefer Torah.
The Elya Rabbah writes that he has not seen this practised. Further, in every home, one would be in the presence of the Mezuzah, so why would one not do Nefilas Apayim? He also points out that the Posuk which is the source of the Rokeiach’s ruling refers to the Aron Hakodesh which contained a Sefer Torah.
Kaf Hachayim rules like Elya Rabbah that we do not perform Nefilas Apaim when there are only Seforim present.
However, many of the contemporary Poskim rule like the Shayarei Kneses Hagedolah, including the Igros Moshe[26]. Rabbi Nissim Karelitz[27] likewise writes that one may do Nefilas Apayim in the presence of other Seforim. However, he qualifies that this is only where the Seforim are kept in a permanent manner such as in a designated bookshelf.
Chinuch
Rabbi Moshe Feinstein rules that for the purpose of Chinuch we can allow children to do Nefilas Apaim even where there is no Sefer Torah or even Seforim present, relying on the ruling of the Mechaber[28].
Yerushalaim
Rabbi Yechiel Michel Tukitchinsky[29] writes that the Minhag in Yerushalaim is to do Nefilas Apaim even when there is no Sefer Torah present and even when not in a Shule. He explains that Yerushalaim is always considered to be before the Ark of Hashem as the Kedusha of Yerushalaim never departed.
Rabbi Shlomo Zalman Auerbach explains that this only applies to within the walls of the Old City[30]. However, Ketzos Hashulchan[31] does not make any distinction. Rabbi Moshe Feinstein[32] writes that anyone visiting Yerushalaim should follow the local custom.
_____________________________________
[1] See Shulchan Aruch Harav 131:1
[2] Siman 324
[3] 6:7
[4] 131:2
[5] There is a difference in that the Posuk in Shoftim does not mention the Ark of Hashem
[6] This proof is not definitive as it may refer to a home where a Sefer Torah was present
[7] OC 131:7
[8] 131:3
[9] Perhaps he words it this way because the Ta”z follows the Mechaber
[10] 131:1
[11] See Nimukei Orach Chaim (Munkacz) that there are different understandings of the position according to Kabbalah.
[12] 131:3
[13] 131:10
[14] Quoted in Darkei Moshe 131
[15] 131:6
[16] Levushei Srad.
[17] 131:13
[18] Piskei Teshuvos 131:12
[19] Agur quoted in Darkei Moshe
[20] Pesachim 85b
[21] 131:7
[22] 24:1
[23] Eshel Avraham 131:5
[24] Igros Moshe OC 4:21
[25] 131:5
[26] 5:20:5
[27] Chut Shani Yomtov, Inyanim 10
[28] He writes that when he was young, in many places in Europe the children were not taught to say Tachanun, even those who already knew a number of Mesechtos!
[29] Eretz Yisrael (1:9)
[30] Ishei Yisrael 25 note 39, Teshuvos Vehanhagos 2:79
[31] 24:4
[32] Igros Moshe YD 3:129