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Answer: In normal times (for which we yearn), we likely would take the whole minyan and the particular "path blockers" to task for gross inconsideration. However, it is scientifically/statistically clear that the existence of outdoor minyanim with proper spacing has, nationally, saved lives. While people can argue whether it is better for people whose only safe place for a minyan disturbs others should daven at home, Jewish society is expected to make certain special allowances for shuls (see Shulchan Aruch, Choshen Mishpat 156:3). In the "old days," people would debate the pros and cons of minyanim on (El Al) planes. But nowadays, without ideal options, some (including high risk men) would end up davening in unsafe and/or illegal minyanim. Especially since you are not complaining, we will be melamed z’chut and assume that the minyan overall finds the right balance of meeting needs and focus on your dilemma about passing through.
The first issue we will dispatch of is whether a woman may be in close proximity to men davening. Our community does not require mechitzot for even a minyan in places that are not set for tefilla, including shiva homes and airplanes (see Living the Halachic Process, V, A-9; Rav Moshe Feinstein, cited ibid., distinguishes between places that are open or closed to the public). It is unclear how long a minyan must operate in a makeshift location to qualify as set. However, even when a mechitza is needed, a woman may pass through, if necessary. Rav Feinstein (Igrot Moshe, OC V:12) reports that individual women have always been allowed to enter to, for example, collect tzedaka. While he says this should be done only on an ad hoc basis, your situation is especially valid case.
Whether there is or is not a mechitza, men may not daven or learn aloud if a woman not dressed according to the halachot of tzniut is in their sight (Shulchan Aruch, Orach Chayim 75). We do not feel a need to review for you what this entails, and this need not be a problem at all.
Finally, we address the halacha of not walking in front of someone who is davening Shmoneh Esrei (Shulchan Aruch, OC102:4-5). (During chazarat hashatz, it is only an issue regarding the chazan). Most agree that the issue of walking in front of a davener concerns harming his concentration. What if he does not mind? Just as the davener may not do things to harm his own kavana, so too he may not allow others to do so to him (see similar idea in Bava Kama 91b). However, there are a few grounds for leniency. The Shulchan Aruch (OC 102:4) rules that one may pass near someone from the side, and the Mishna Berura (ad loc. 16) is inconclusive on whether passing diagonally in front is a problem. In a case of need, one can rely on the lenient opinion. Here, there are multiple levels of need. You need to pass by for your need. If we would not allow you and your neighbors to do so, then it would be unreasonable to have the minyan there, which we are assuming is important.
On a more fundamental level, the Da’at Torah (to OC 102:5) says that if a davener blocks a "thoroughfare" (even in shul), it is comparable to one who was buried in a public area, and therefore he allows people to walk by. One certainly cannot create an off-limits zone that prevents from entering or exiting their own building. Therefore, what you did was absolutely justified. (Whether people may daven in such a location given that others may walk by is beyond our present scope). Your normal attempt to not disturb is an act of tzidkut; people helping others with their practical and spiritual needs is crucial in navigating this crisis.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
402 - Women Passing through an Outdoor Minyan
403 - How to Determine when Paying on Time Is
404 - Trapping and Releasing on Shabbat
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P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
