Enlightening the World One Halacha at a Time

October 20, 2008

Simchas Torah: Standing During Hakafos

I wanted to discuss the Halachos of Hakafos and an issue many people seem to be very lax in. The Gemara in Berachos learns through a kal v'chomer that if one is required to stand for a Rabbi, that surely one is required for a Torah (if we stand for those who even learn it, then for it (the torah) we should surely stand. The Rambam records this as Halacha as follows " one is required to stand for a Torah that is in motion, until the Torah is set in its place or the Torah travels to a distance where he can no longer see it. During the year we never have a problem with this, and we always stand when the Torah is taken from the Aron and when it is brought back. Standing during Laining, is a separate issue beyond the scope of this article, but as the Torah is not moving during Laining, in regards to this issue it is totally permissible to sit. However, on Simchas Torah, when we dance with the Torah for hours, shouldn't everyone be required to stand also? You might be allowed to not dance, but to sit during the Hakafos seems to be a clear violation of this Halacha. There seems to be three solutions to this problem, and while it is definitely ideal to remain standing and dancing if one needs a break he should try to avail himself of one of these three solutions: 1. Different Platform- The Rashba brings down that if the Torah is on a different level (presumably at least 3 tefachim, one foot) one is not required to stand for it. This is based of the Halachos of Reshus (domains) and since the Torah is in separate domain than you, even though you can see it, you are not required to stand. Thus, when the Torah is on the Bima or the stage (like in the YIWH main shul) one may sit. Further, if while the Torah is being danced with on the floor one may go sit on an area elevelated or sunk in a foot. 2.- Elderly and Sick- Rav Ovadia Yosef is quoted as allowing those that are unable to stand for the whole Hakafos to sit in between Hakafos, when the Torah isn't really be moved rather just handed off. However, Rav Yosef adds if you are healthy you should still stand from when the Torah is taken out of the Aron until it is placed back later. 3.- A People Mechitza- The Teshuvos V'Hanhagos brings down another leniency based off a Gemara in Eruvin. The Gemara says that one is allowed to create a Mechitza out of people. Thus, since the people holding the Torah are in the middle and there is usually at least one circle surrounding them, one may sit outside of this circle. For there is a Mechitza between the sitter and the Torah. (Unclear, if you would have to make sure no one leaves the circle, and that everyone is holding hands or shoulders, however). However, I fill it is better for someone to rely on one of these weak leniency's then to leave the shul altogether. For while outside the shul one is definitely not required to stand- he is also missing the whole boat of what this Yuntif is about. In the spirit of Yuntif I would like to provide a further answer, which is definitely not to be relied on L'Halacha. As we mentioned earlier, once the Torah is returned to its place (the Aron or Bima) one is not required to stand. However, on Simchas Torah, after the uplifting month of Elul, Rosh Hashana, Aseres Yimei Teshuva, Yom Kippur and Sukkas we have reached a level where the home of the Torah is not the Aron but in our embrace. On Simchas Torah we hug and kiss the Torah, like our dear children. The Torah isn't in motion the Torah is in its home- in our arms. Thus, just as one is not required to stand for Aron moving with a Torah inside it. So too, on Simchas Torah when we reach a level where we realize that the Torah constantly belongs in our arms- we are not required to stand. I would just like to conclude with a short story of the Brisker Rav. On Simchas Torah, when the Brisker Rav started dancing with the Torah he wouldn't let go or pass to someone else until that someone actually came over and physically asked and took it from him. The Brisker Rav said " if I was holding precious gems I would want to hold on to them for as long as possible, why is it on Simchas Torah many people try to dispatch of the Torah so quickly?" Have a good yuntif.

1 comment:

JK said...

hi, I enjoyed your personal answer. But before you say don't rely on that L'Halacha, why don't you check the what R' Shlomo Zalman says in the Halichos Shlomo (i saw it in halichos shlomo on tefila in the krias hatorah section, and I would guess it appears in his halichos shlomo on yuntif in the simchas torah section) and what R' Asher Weiss suggests as well in his sefer on Minchas Asher on Talmud Torah (the thin one) in his short responsas in the back, against the Aruch Hashulchan.

They pretty much make your point that once the Torah is in the circle and people are dancing with it, that IS its makom, thus perhaps you can sit for that).

Also, one last point: regarding answer 1 of the Rashba, in R' Asher Weiss' sefer, it seems that a mechitza that you can see over would not in fact work (since you'd still have to stand for a talmid chacham even if there's a halachic mechitza in front of you.

Anyhow, I enjoyed this - shkoyach