Fwd: Halacha Yomis - Nefilas Apayim, Origins for Sefer Torah Presence

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From: OU Kosher <noreply@ounetwork.org>
Date: Thu, Jun 25, 2020, 7:00 AM
Subject: Halacha Yomis - Nefilas Apayim, Origins for Sefer Torah Presence
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Why do some only recite nefilas apayim in the presence of...     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. In a previous Halacha Yomis, we mentioned that Tachanun is only recited with nefilas apayim in the presence of a Sefer Torah (or according to some, even when there are other seforim). What is the reason for this? A. The Mishnah Berurah (131:11) writes that there is an allusion to falling on the face in Sefer Yehoshua (7:6): "And Yehoshua… fell on his face to the ground in front of the Aron of Hashem." This implies that one only falls on their face in front of an Aron. Sefer Shulchan Tahor offers another reason why there is no nefilas apayim without a Sefer Torah. Falling on one's face is an intense and intimate form of Tefillah, and special merits are required to do so. When one davens in front of an Aron Kodesh (or other seforim), the tefillos have extra merit, and nefilas apayim is justified. Rav Yechiel Michal Tukichinsky (Sefer Eretz Yisrael 1:9) and Rav Moshe Feinstein (Igeros Moshe, YD 3:129) write that the minhag in Yerushalayim is to recite nefilas apayim even if there is no Sefer Torah, since the city is holy and standing in Yerushalayim is inherently a state of standing before Hashem. Although the Rama (OC 131:2) writes that the custom is to only recite Tachanun with nefilas apayim in front of an Aron Kodesh, the Shulchan Aruch (Rav Yosef Karo) makes no mention of this. The implication is that the Shulchan Aruch is not in agreement with the Rama. Typically, Ashkenazim follow the Rama who resided in Krakow, while Sefardim follow Rav Yosef Karo who lived in Tzfas. The Birkei Yosef (131:1) writes that his custom is to recite Tachanun with nefilas apayim in all situations even without any seforim as per the plain reading of Shulchan Aruch. He concludes that he has heard that there is a Kabbalistic basis for this as well.  Rav Yosef Dov Soloveitchik, zt"l also recited Tachanun with nefilas apayim regardless of whether seforim were present (Nefesh HaRav, p. 134). This was the minhag of Rav Chaim Soloveitchik, zt"l as well. Rabbi Genack believes that the basis for this is an inference in the words of the Rambam. The Rambam (Hilchos Tefila 5:1) lists bowing as one of the components of tefilah. Later (Halacha 5:13), he writes, when do we bow? As soon as we finish shemoneh esrei, we do nefilas apayim. It can be inferred from the Rambam that nefilas apayim is a component of tefilah, and therefore should not be omitted, even if there is no Sefer Torah. More about this program and to subscribe visit https://oukosher.org/halacha-yomis-email/ View archive on https://oukosher.org/halacha-yomis/ Subscriber comments and questions related to this mailing can be sent to GerstenE@ou.org. These questions and their answers may be selected to become one of the Q and A's on OU Kosher Halacha Yomis. 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   **NEW from OU Press** Halacha Yomis: A Daily Halachic Companion Halacha Yomis is now available as a highly readable compendium of practical laws and customs   Forward     Unsubscribe Please do not 'reply' to this message. The inbox of noreply@ounetwork.org is not monitored.