Halacha Date: 10 Elul 5783 August 27 2023
Question: In the Selichot text, what is the difference between “Israel, the poor” and “Israel, the downtrodden”?
Answer: Within the Selichot, we recite “Act on behalf of Israel, the poor,” followed by “Act on behalf of Israel, the downtrodden.” Hagaon Ya’abetz (She’elat Ya’abetz, Chapter 85) explains that a poor man is someone who does not have money, while a downtrodden man is one who is so poor that he becomes ill as a result of lacking his basic needs. That is why we begin with “Israel, the poor” and then recite “Israel, the downtrodden.” The Gaon of Vilna explains that the opposite is true: “Poor” refers to someone who lacks all, while “downtrodden” refers to a wealthy man who has since lost his wealth and becomes needy, however, he does not suffer from complete poverty. Maran zt”l (in his Chazon Ovadia- Yamim Nora’im, page 18) concludes this discussion by saying: “In any event, we beseech Hashem on behalf of the poor and downtrodden, for Hashem participates in their suffering.”
Question: In our congregation, it is extremely difficult to begin Selichot precisely at halachic midnight. Can we begin ten minutes beforehand?
Answer: The primary portions of Selichot are from “Shevet Yehuda” and on, including the Thirteen Attributes of Mercy (“Hashem, Hashem, El Rachum etc.”) and other select verses of prayer and supplication. Nevertheless, “Ashrei,” the beginning of Selichot, and Viduy (the confessional prayer) are not considered the Selichot that one may not recite before halachic midnight. Therefore, when there is a need to do so, the congregation may begin Selichot with “Ashrei” before halachic midnight and when they reach “Shevet Yehuda,” they should skip to “Ribbono Shel Olam” preceding Viduy, and then, once halachic midnight arrives, the congregation should return to “Shevet Yehuda.” There was a similar scenario with a certain community rabbi (named Hagaon Harav Shimon Mursaya Shlit”a, grandson Hagaon Harav Chizkiyahu Shabtai zt”l, head of the Jerusalem Bet Din) who wished to do this and when this idea was posed to Maran zt”l, he pondered it a bit and agreed that it was correct.
Question: Our synagogue has hired a Chazzan with a beautiful voice; however, he shaves his beard with a razor. What should be done?
Answer: A similar question is recorded in Seder Rav Amram Gaon (Volume 2, Chapter 55): “It was asked before the members of the Yeshiva whether it is permissible to dismiss a Chazzan about whom bad things are being said and to replace him with someone else. They replied, ‘Is this even a question? He must certainly be replaced, for he is the emissary between the congregation and their Father in Heaven. He must therefore be righteous, upstanding, and clean of any wrongdoing. If he is not, the verse states in regard to him, She raised her voice against me, therefore I hated her.’”
This applies to a Chazzan throughout the course of the year. This is especially true regarding a Chazzan for the Days of Awe, this is even more severe, for there is increased need for more prayers and supplications. Maran Rabbeinu Ovadia Yosef zt”l quotes all this as Halacha and rules that if a Chazzan shaves with a razor, and certainly if his publicly desecrates the Shabbat, he is disqualified from serving as a Chazzan (see Chazon Ovadia, ibid., page 36).
