11. Being Yotzei a blessing from a different area

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11. Being Yotzei a blessing from a different area:[1]

Regarding being Yotzei [Shemoneh Esrei during Chazaras Hashatz] that only the Chazan and the congregation must be in the same room, however once they are in the same room, anyone who can hear the voice of the Chazan can be Yotzei even though he is not with them. The same applies regarding being Yotzei Kiddush[2], Havdala[3], and Megillah[4] from a different area [and being included in the blessing of Birchas Kohanim[5], and doing Nefilas Apayim with the congregation[6]]. [However one cannot be Yotzei a blessing of Birchas Hanehnin over food or drink unless one is sitting together with the person saying the blessing, and even then it is still best for one to say the blessing himself and not be Yotzei, as explained above regarding Kevius. Thus, if one is not sitting in the same room as the person saying the blessing over food or drink, he cannot be Yotzei with him. However one can be Yotzei a blessing of Birchas Hanehnin over Besamim or over fire of Havdala, or over wine of Kiddush or Havdala even if he is in a different room.[7]]

If there are feces or idolatry in-between:[8] Some Poskim[9] rule that one may only answer for [Amen[10]] Kaddish or Kedusha [or be Yotzei a blessing[11]] from a different area than the Minyan if there is no feces, or idolatry which is considered like feces regarding this matter, found in-between the two areas. [Other Poskim[12] however argue that feces and idolatry do not intervene.] Practically, [although the main ruling is like the lenient opinion[13]] one is [nevertheless] to suspect for the stringent opinion.[14] [However in a time of need, some Poskim[15] rule one may choose to follow the lenient opinion. Others[16] rule one is always to be stringent.]

 

Summary:

Once there is a Minyan in the room, any other person can join the Minyan and answer Amen and Kedusha even if he is in a different room or building, from which the voice of the Chazan can be heard. One may likewise be Yotzei a Mitzvah, such as Kiddush, Havdala, Megillah and the like from a different room. If however there are feces or idolatry in-between the two areas then one is not to answer [Amen], or to Kaddish and Kedusha [or be Yotzei a Mitzvah]. One cannot be Yotzei a blessing of Birchas Hanehnin over food or drink from a different area.

 

Q&A on intervening items

Is a church defined as idolatry and thus intervenes before the answerer?[17]

Yes. [Thus, people that are found behind a church are not to answer to a blessing or Minyan taking place in front of the church. This can occur during rallies in New York city that have thousands of people filling the streets, and some are positioned opposite a church.]

 

May one answer and be Yotzei from a different area if there is a potty or bathroom in-between the two areas?

Some[18] write that one may not do so. Others[19] write that one may do so.

May one answer and be Yotzei from a different area if there is urine in-between the two areas?[20]

Yes, so long as one is distanced from it four Amos and it is not within his view.

 

May one answer and be Yotzei from a different area if there is a gentile in-between the two areas?[21]

Some Poskim[22] rule that one may not answer Amen, or to Kaddish or Kedusha if there is a gentile in-between the Minyan and the individual. This applies whether the gentile is male or female.[23] Other Poskim[24] rule that one may answer for Amen, Kaddish and Kedusha even if there is an idol worshiper in-between. Practically, according to Admur a gentile does not invalidate answering Amen even if he is an idol worshiper.[25]

 

May one answer and be Yotzei from a different area if there is a Mumar or Apikores in-between the two areas?

Some Poskim[26] suggest that perhaps one may not answer Amen, or to Kaddish or Kedusha if there is a Mumar Apikores, or one who is not Shomer Shabbos, in-between the Minyan and the individual, just as is the law by a gentile. Practically however, according to Admur a gentile does not invalidate answering Amen even if he is an idol worshiper, and certainly a Jew does not invalidate even if he is an Apikores.[27]

 

May one answer and be Yotzei from a different area if there is a woman in-between?[28]

Yes. This applies even if she is an Erva or is not dressed modestly, so long as she is not within his view.

 

May one answer Amen, Kaddish, Kedusha through a Telephone, radio, live video/audio internet hookup?[29]

Some Poskim[30] rule one is not to answer Amen or Kedusha in such circumstances.[31] Other Poskim[32] rule one is to answer Amen and for Kaddish/Kedusha.[33] Practically, one may be lenient in this matter.[34] [If however there is a number of seconds of delay between the “live” hookup and the actual events taking place then according to all opinions one may not answer Amen to a blessing or to Kaddish/Kedusha.[35] In many live broadcasts there are several seconds of delay between the events and the broadcast, and hence in such a case one may not answer Amen to the blessings or Kaddish.[36]

__________________________________________________

[1] Admur 55:22; Mishneh Rosh Hashana 27b as explained in Tosafus ibid

[2] Admur 273:10 and 213:1 regarding that one is Yotzei Kiddush and Havdala even if they are not in the same room as the person saying it

[3] Admur 213:1

[4] Michaber 690:14 that one can assume that the Chazan has in mind to fulfill the Mitzvah for all the listeners, including listeners that are behind the Shul and cannot be seen.

[5] Admur 128:37

[6] Admur 131:3

[7] 213:1

[8] Admur 55:22

[9] Opinion in Admur ibid; Michaber 55:20; Bahag in name of Rav Yehudaiy Gaon in name of Rav Acha; Mahariy Abuhav in name of Orchos Chaim in name of Rav Achaiy Gaon

[10] Halef Lecha Shlomo 40; See Piskeiy Teshuvos 55:30; Minchas Elazar 2:72

Other opinions: Some Poskim rule the above law only applies to answering for a Davar Shebekidusha and not towards Amen. [Ashel Avraham Butchach 55; See Poskim in Piskeiy Teshuvos 55:30 footnote 212]

[11] Machatzis Hashekel 273:13 regarding Kiddush; M”B 194:8 regarding Birchas Hamazon; Vetzaruch Iyun from Admur ibid who positioned this opinion between the Halacha of Kedusha:Kaddish and being Yotzei, hence implying they only argue regarding if one may answer, Vetzrauch Iyun.

Other opinions: Some Poskim rule the above law only applies to answering for a Davar Shebekidusha and not towards Amen. [See Poskim in Piskeiy Teshuvos 55:30 footnote 212]

[12] First opinion in Michaber and Admur ibid;

[13] Implication of Michaber who only brings as Yeish Omrim, and Admur ibid who does not write Vichein Ikkur and simply writes to suspect for their words; Levushei Serud  55:20; Maaseh Rav 47; M”B 55:62 that it is implied from Michaber and Rama that they mainly hold like the lenient opinion; See Shulchan Hatahor 55:8

Other opinions: Some Poskim rule the main opinion follows the stringent opinion. [Kaf Hachaim 55:95]

[14] Admur ibid; Levushei Serud ibid; Kaf Hachaim 55:95

Other opinions: Some Poskim rule one is only to be stringent regarding Barchu and other matters which mention Hashem’s name, and not regarding Kaddish and Kedusha. [Makor Chaim 55:20; M”B 55:62 in name of Chayeh Adam; Ashel Avraham Butchach]

[15] Levushei Serud ibid

[16] Kaf Hachaim 55:95

[17] See Minchas Elazar 2:72

[18] Piskeiy Teshuvos 55:30

[19] Afikei Maginim Biurim 12, brought in Piskeiy Teshuvos ibid footnote 205

[20] Biur Halacha 55:20 “Veyeish Omrim”

[21] PT 55:30

[22] Old dialects of the Shulchan Aruch in Michaber write “gentile” instead of idols and the censorship changed the wording; Beis Yosef 55; Perisha 55:10; Elya Raba 55:18; P”M 55 A”A 15; Beis David 32; Machazik Bracha 55:15; Siddur Beis Oved; Ben Ish Chaiy Vayechi 7; Chesed Lealafim 55:6; Yifei Laleiv 5:1; Shaareiy Teshuvah 55:17; Toras Chaim Sofer 55:22; M”B 55:65 that either idols or idol worshipers intervene; Kaf Hachaim 55:92 in name of many Poskim and based on Zohar Mishpatim that all gentiles are invalid; M”B 55:65 that either idols or idol worshipers intervene

[23] Beis David ibid; Machazik Bracha 55:16; Shaareiy Teshuvah 55:17; Toras Chaim Sofer ibid

[24] M”A 55:15; Admur 55:22 based on the fact he writes that only idols are invalid due to being like feces; Devar Shmuel 189, brought in Beir Heiytiv 55:17; Minchas Elazar 2:72

[25] See Admur ibid

[26] Toras Chaim Sofer ibid; Piskeiy Teshuvos ibid

[27] See Admur ibid

[28] So is proven from the fact that it is omitted in Admur and all previous Poskim; Ashel Avraham Butchach 55 regrading if the male Erva is revealed in-between that it does not disqualify answering being one is not to add on the items listed by the Sages. 

Other opinions: Some Poskim imply that if there is an Erva in-between the answerer and the person saying the blessing then it invalidates his ability to answer. [See Orach Neman 55:34; Piskeiy Teshuvos 55:30 footnote 203] 

[29] The Halachic issues regarding this question are 1) Is this considered an Amen Yesoma? [Admur 124:11] 2) Must one suspect that there are feces interfering between the answerer and the person saying the blessing? [Admur 55:22]

[30] Piskeiy Teshuvah 167; Rav SZ”A in Minchas Shlomo 9:1; Moadim Uzmanim 6:105; Mishpitei Uziel 1:5 [brought in Igros Kodesh 13:221as opinion of Sefaradim]; Beir Moshe 3:166-168; See Mishneh Sachir 30; Tzitz Eliezer 20:19; Ratz Katzevi 2:10; Piskeiy Teshuvos 56:3

[31] The reason: Being that there may be feces or idols that intervene between him and the area that the blessing or Minyan is taking place. [See Admur 55:22; Koveitz Ohalei Sheim 5:104] Alternatively, this is because it is defined as an Amen Yesoma since the person is not in the same room as the person saying the blessing. [Piskeiy Teshuvah ibid; Minchas Shlomo ibid; Moadim Uzmanim ibid] Vetzaruch Iyun Gadol as to why being in a different area would make it an Amen Yesoma, contrary to the explicit ruling in Admur 55:22 based on the Gemara and Poskim

[32] Minchas Elazar 2:72; Igros Moshe 2:108; 4:91; Yechaveh Daas 2:68; See Igros Kodesh 13:179 and 13:221 and Likkutei Sichos 21:497 [printed in Shulchan Menachem 1:81] that the Ashkenazim [i.e. Minchas Elazar of Hungary] are lenient in this, thus implying that the Rebbe rules like the opinion.

[33] The reason: This is permitted as a) There is no need to be in the same room as a person in order to answer Amen, [Admur 55:22] Now, although most certainly there are feces or idol worship in-between, nevertheless we are lenient being that the phone wires that carry the voice bypass the feces and idols. This is in addition to that the wires are in the air, higher than ten Tefachim and is thus considered a different Reshus. [Minchas Elazar ibid; See Admur 345:17]b) There is no need to hear the actual voice of the person saying the blessing so long as one knows what blessing he is answering for. [Admur 124:11]

[34] So seems to be the leaning opinion of the Rebbe ibid; See Piskeiy Teshuvos 56:3 that one may be lenient regarding Amen of a blessing [however not obligatory] however not regarding Kaddish and Kedusha

[35] Admur 124:11

[36] Heard from a media technician; Verified through sampling various live broadcasts and seeing a delay between different channels. 

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