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- Bemare Habazak - Rabbis Questions
Answer: Indeed, the Shulchan Aruch (OC 124:7) quotes and rules like the Orchot Chayim, who disparages those who speak idle matters during chazarat hashatz. Furthermore, it is one of the few times that the Shulchan Aruch directs observers of a wrongdoing to scold the perpetrator. So, at first glance, you could not be more right.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
627 - Ask the Rabbi: Must One Give his Apartment for Free?
628 - Ask the Rabbi: Rebuking Those Talking during Davening
629 - Ask the Rabbi: Omitting Tachanun in Selichot in the Presence of Simcha
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Classic tochacha (rebuke) is done to change the actions of one who sinned knowingly. Although the mitzva exists nowadays, most follow the approach that one should not rebuke when it is not expected to be heeded, and, to the contrary, cause a negative reaction (see Yevamot 65a; see Amud Hay’mini, siman 10; regarding feared severe reactions, see Minchat Shlomo I:35). In most of today’s Orthodox shuls, where people basically understand that they should not be talking, there is little concern of causing hatred of religion. However, as you witnessed, rebuke still causes friction, which should be avoided when it provides no gain.
There is less chance that tochacha will be successful when many people are in the wrong together. Psychologically, they may feel that if talking was a REAL problem, not so many good people would be doing it. Also, the rebuker becomes a "public enemy," i.e., easier to dismiss and criticize. Indeed, we find in several poskim resignation about the ability to "take on" those who talk during chazarat hashatz (Aruch Hashulchan ibid.; Shevet Halevi X:13).
It is not always a question of if to correct someone but when, how, and by whom it should be done. Consider the following application (see Rashi, Devarim 1:3) regarding timing. Yaakov, Moshe, Yehoshua, and Shmuel all waited until close to their deaths to rebuke their constituencies, out of concern that earlier rebuke might have caused them to change allegiances in favor of a path of evil. The same is true regarding who should be rebuking and how. The community leaders, especially the rabbi, are the ones who should be in charge of decisions and efforts.
Therefore, we recommend discussing the matter again with the shul’s rabbi, who should have his finger on the pulse more than anyone else. His not taking a strong stand in the past certainly does not mean that he does not care. He is likely to request that you not make waves at all. He may give you some guidelines on how, when, and to whom to express your dissatisfaction with the talking. While it is sad to have to curb your correct emotions, this too is part of serving Hashem.
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