Wednesday, June 24, 2020

Fwd: Halacha Yomis - Nefilas Apayim, Seforim


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From: OU Kosher <noreply@ounetwork.org>
Date: Wed, Jun 24, 2020, 7:00 AM
Subject: Halacha Yomis - Nefilas Apayim, Seforim
To: <agentemes4@gmail.com>


 

Can nefilas apayim be recited in the presence of...

 
OU Kosher
 
The Gerald & Karin Feldhamer
OU Kosher Halacha Yomis
This column is dedicated in memory of:
Rav Chaim Yisroel ben Reb Dov HaLevi Belsky, zt'l
Senior OU Kosher Halachic Consultant from 1987-2016

Q. I am currently davening in a backyard minyan. There are siddurim and chumashim on the tables. Should Tachanun be recited with nefilas apayim because of the presence of seforim.

A . The Mishnah Berurah (131:11) cites a disagreement between the Elya Rabba (131:5) and Olas Shabbos whether Tachanun is recited with nefilas apayim only when there is a Sefer Torah, or if other seforim suffice. The Mishnah Berurah does not take a definitive position. The Kaf Hachayim (131:45) rules in favor of not performing nefilas apayim when there are seforim and no Sefer Torah, while the Steipler Gaon (Orchos Rabbeinu 2, p. 67) and Rav Nissin Karelitz (Chut Shani – end of Hilchos Yom Tov, Inyanim #10) followed the opinion of the Olas Shabbos and would recite Tachanun with nefilas apayim. It would therefore appear that the response to our initial question, about nefilas apayim at a backyard minyan with siddurim, is that it is a matter of dispute. However, Rav Nissim Karelitz, zt"l stipulates that nefilas apayim is performed only if the seforim were stored in a permanent manner, such as on a bookshelf. Thus, according to Rav Nissin Karelitz, everyone would agree not to perform nefilas apayim in a backyard minyan because the seforim are not stored outside.

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Dedicated by Gerald and Karin Feldhamer
in memory of their parents
R' Moshe ben R' Elyokim Getzel Feldhamer and Pesha bas Reb Mordechai
R' Avrohom Abba ben R' Chaim Finkelstein and Taube bas R' Yissocher Dov HaKohen
In memory of R' Kalman ben R' Moshe Feldhamer
 


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