Question:
Is the concept of having a set seat in shul a genuine halachic concept? I came to a shul as a guest and multiple people asked me to move because I was sitting in their seats, do they have the right to do so?
Answer:
Yes. The concept of having a fixed seat in shul is a recognized halachic concept, and the idea of a chazakah on a seat in shul is recorded in the Rishonim and Poskim.
Accordingly, an individual who regularly sits in a particular seat may have rights to that seat, and others should generally avoid occupying it without permission. This is especially true when the seat has been purchased or reserved as part of a membership arrangement with the shul.
Therefore, from the perspective of the guest, one should not take offense if he is politely asked to move, as the regular occupant does indeed have a legitimate claim to the seat. For this reason, when visiting a shul, it is proper for a guest to ask where he may sit in order to avoid taking someone else’s established seat and causing inconvenience to the regular congregants.
At the same time, from the perspective of the person who has the established seat, having the right to ask someone to move does not necessarily mean that it is always the proper thing to do. One should be sensitive to the possibility of embarrassing a guest or creating unnecessary friction. For this reason, many Rabbanim recommend that, when possible, the regular occupant simply sit elsewhere rather than cause discomfort to another Jew.
If one nevertheless wishes to sit in his regular place, he should do so pleasantly and respectfully. He should greet the guest warmly and explain that this is his regular seat, while also helping him find another available place. In this way, the guest feels welcomed rather than rejected.
Likewise, congregants who notice a guest sitting in someone else’s seat fulfill an important kindness by proactively directing him to an available seat before an awkward situation develops. This helps maintain both the rights of the regular members and the welcoming atmosphere that every shul should strive to foster.
Sources:
See Rama C.M. 140:8; 162:7; 171:1; 175:53; Admur 90:18; Michaber 91:19; Haeshkol Hilchos Beis Hakeneses in name of Rav Sharira Gaon; Mordechai Bava Basra 6:570; Shut Harosh 5:3-4; Radbaz 628; Rivash 259; Chasam Sofer O.C. 29; 6:54; Nesivos Hamishpat 162:2; 192:6; Ketzos Hashulchan 13:4; Piskeiy Teshuvos 90:24; Encyclopedia Talmudit Erech Beis Hakneses p. 198; Aleinu Leshabeiach 2:581; Chashukei Chemed Brachos 59; Hatefila Vehilchoseha 5:172