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May a Pesach Group Forbid Others From Joining Their Minyan?


By Rabbi Yair Hoffman for 5tjt.com

It is estimated that in the 2022 Pesach season there are over 80,000 in Orlando alone. There are more people renting homes for Pesach in various locales throughout Florida and elsewhere than ever before.  Various Pesach programs offer 5 to 12 bedroom homes with pre-kashered kitchens, tent minyanim, and various chol HaMoed programming.

**Please help an almanah with yesomim whose parked car was smashed and she has no means of transportation**

https://thechesedfund.com/zechornilah/almanahwithyesomimwhosecarwassmashed

The resort development, however, has numerous other homes as well – which have been rented out by other frum Jewish families.

MAY HE FORBID OTHERS FROM COMING?

The question is, does a Pesach program operator have a right to forbid others from coming to the minyanim?

There are a number of underlying principles and issues here.  They range from Torah Mitzvos, and conduct that brings merit, to paradigms as to how Jews should behave.

BRINGING MERIT TO THE MASSES

The first concept we will discuss is the idea known as “bringing merit to the masses”  – the great Mitzvah to be mezakeh es harabbim with Tefillah b’Tzibbur.  Indeed, Rav Yisroel Salanter zt”l in his collection of letters entitled, “Ohr Yisroel” writes that we have no weapon against the evil inclination – except for one very powerful tool – zikui HaRabbim.  Depriving other people of that opportunity is negating this very important tool of  Mezakeh es HaRabbim.

LOVING YOUR NEIGHBOR AS YOURSELF

The second issue is that of v’ahavta l’rayacha kamocha.  Saving others from a long walk, or enabling others with a minyan is a fulfillment of a very important Torah precept – loving your neighbor as yourself.

THE GENERAL PERFORMANCE OF CHESSED

A third issue is doing chessed to others which is a Mitzvah that exists aside from the idea of loving your neighbor as yourself. The Gemorah in Bava Kamma 100a cites the pasuk in Shmos 18:20 – Vehodata lahem es haderech yelchu bah.. This refers to performing chessed with others.”

THE QUALITIES OF SDOM

There is also the idea of Midas Sdom – showing the character traits of the residents of Sdom – in other words, wanton indifference to other people.  The classical example of this is found in the beginning of tractate Bava Basra (6a) – involving the distribution of assets in an inheritance – a yerushah.  If one of the children owns property that is contiguous to a property that is being inherited – it is wanton indifference to not allow the son with the contiguous property to get that portion.  Indeed, the halacha is, “Kofin al midas sdom” (see Kesuvos 103a) – we actually force this to happen to divide the inherited land based upon the principle of avowing acting like the residents of Sdom.

**Please help an almanah with yesomim whose parked car was smashed and she has no means of transportation**

https://thechesedfund.com/zechornilah/almanahwithyesomimwhosecarwassmashed

Zeh nehene vezeh lo chaser. There is also a concept called “This one benefits, and the other one does not lose.” The question is, for this rental season – is there really a loss involved here on the Pesach Program director’s part?  It could be argued that the following year, people will be more likely not to rent from him if they are aware that the minyan would have been available to them anyhow. However, this is highly unlikely.

We also have to realize that Hashem is the one who decides how much money we are destined to earn – the only condition is that we do correct hishtadlus.  For example, a delivery car where the driver parks anywhere and illegally is not doing the correct hishtadlus and is being negligent.  But let’s really ask ourselves, is preventing others from coming to minyan really and truly considered proper hishtadlus?

Chessed, and the love of it, forms the very blueprint of the world. Hashem is the essence of Chessed itself, and He created the world so that He can reward us for doing Mitzvos (Derech Hashem Chapter one). Thus, the Mitzvos involved in the performance of Chessed form a large part of the reason why Hashem created the world.

Performing Chessed gives our life meaning.

FURTHER POINTS INVOLVING CHESSED

WALKING IN HIS WAYS

The Pesach program operator – like everyone else – is obligated to perform Chessed.  The major obligation of Chessed stems from walking in Hashem’s ways. The Gemorah (Sotah 14a) discusses the pasuk which says, “Acharei Hashem Elokecha taylechu — you shall walk after Hashem your G-d (Dvarim 13:5).” The Gemorah poses a question. It asks, “How is it possible to physically walk after the Divine Presence?”

The Gemorah answers that it means to follow after the Chessed traits, kavyachol, of Hashem. Just as He provides for the unclothed, so too must you provide clothing to them. The Sefer Mitzvos Gedolos states that this verse is part of the related Pasuk of “v’halachta b’drachav — and you shall walk in his ways.” In other words, the verse of Acharei Hashem Elokecha Taylechu is referencing the verse of v’halachta b’drachav. It could very well be that the aforementioned verse in Shmos (18:20) is also referencing this.

UNDERSTANDING THAT CHESSED CONNECTS US TO HASHEM

Another point upon which to reflect is that Minyan and Davening connects us to Hashem.  The Gemorah in Shabbos (133b) discusses another entirely different pasuk, “Zeh Kaili V’anveihu..” The Gemorah in Shabbos understands it to mean that we must attempt to liken ourselves to Him. Just as He is kind and merciful, so too must you be kind and merciful.

Rav Yitzchok Isaac Sherr zatzal explains (Leket Sichos Mussar p.76) that the pasuk of “Zeh Kaili v’Anveihu” teaches us the obligation of feeling and understanding that the performance of Chessed brings us closer to Hashem. This is on account of the Gemorah’s understanding of the word “Anvehu” to mean “Ani v’hu — I and Him.” The meaning of this Pasuk is therefore, “This is my G-d, and I shall bind myself to Him. I know that I can accomplish this binding through the notion of performing acts of Chessed.” The consequences of this Pasuk are an obligation of thought, not practice. It is something that we must think — Chessed binds us to Hashem — Ani VeHu.

One means of achieving this is the further obligation that the sages placed on people to say (Tana D’Bei Eliyahu chapter 25), “When will my actions reach the level of those of our forefathers?” The forefathers personified these principles of Chessed and wholesomeness. They also are the paradigms of relationship with Hashem.

The Avos were so close to Hashem that they established the Tefilos. Chessed can bring us to such a high Madreigah, spiritual level, that it can bring us to the level of the Avos! And a person is obligated to view Chessed as the means of bringing us closer to Hashem and constantly ask, when will my actions of chessed bring me up to that level of spirituality?

It is thus ironic that a program would bar people from attending minyan which brings us closer to Hashem by negating the very Mitzvah that connects us to Hashem.

LOVING CHESSED

The posuk in Micha (6:8) states, “..What does Hashem require of you? Merely to do justice and love Chessed..” The idea is that we must foster and develop a love of Chessed. Rav Sherr explains that there are three elements to this love:

1] To love doing acts of Chessed ourselves.

2] To love and appreciate a situation where Chessed is being performed by others — either for another or for others.

3] To love the existence of opportunities for Chessed in the world.

The Chofetz Chaim writes (Ahavas Chessed 2:1) that not only must one love Chessed but one must stick to this character trait and always go beyond the measure of what is required. He give the analogy of a parent. A loving parent gives more food and clothing than the child requires, so too must we do likewise in sticking to the Midah of Chessed.

OLAM CHESSED YIBANEH

The Alter of Slabodka writes that the notion of Olam Chessed Yibaneh tells us that just as Hashem built the world with Chessed, so too must we build the world with Chessed.

Everyone in the world needs Chessed. When we are born as babies we require the chessed of others. When we become elderly and sick, we also need the Chessed of others. There is no other way. Chessed is necessary for the world to be built. Hashem built this into the nature of the world in order to show us the very necessity of Chessed.

There is another element in Chessed too. It is a natural tendency for people to become miserable and crabby as we age. Living a life committed to Chessed changes that — it stops us from declining in this respect. Thus, Chessed not only builds the world — it builds ourselves as well.

There are other benefits of Chessed too. The Chofetz Chaim writes (Ahavas Chessed 2:4) that when the performance of Chessed saves a person from difficulties in life. It also ensures that Hashem will continue to maintain His love. It also awakens the Divine Middah of Chessed above. The Gemorah in Bava Kamma (17a) also explains that one’s enemies fall away when one is committed to the performance of Chessed.

WHO IT APPLIES TO

The Mitzvah of Chessed applies equally to men and to women – this applies tp Pesach program operators as well. It should also be taught to one’s children. There is no better way to inculcate this most precious of traits than by example and by performing the Chessed with family members.

CONSTANT CHESSED

Rav Chaim Ozer Grodzinsky zt”l was the Gadol HaDor in the early twentieth century. After he had passed away, his notes to himself were found. He had a note that stated he should always make sure to perform at least two chassadim per day.

CONCLUSION

There is no question that disallowing people from attending minyan runs counter to the very blueprint of creation. Indeed, the Chofetz Chaim (Ahavas Chessed 2:12) writes that one cannot allow one day to go by without having performed Chessed. He cites Rav Chaim Vital (a student of the Arizal) that one must spend time to consider every day to do Chessed and by doing so one achieves atonement for one’s sins.  One should welcome all people to the minyanim they are hosting.

**Please help an almanah with yesomim whose parked car was smashed and she has no means of transportation**

https://thechesedfund.com/zechornilah/almanahwithyesomimwhosecarwassmashed

The author can be reached at [email protected]



16 Responses

  1. The author disagrees with Shmaya and Avtalyon who would charge an entrance fee to their Bais Hamedredh, and poverty struck Hillel climbed onto the skylight to hear their Torah because without the entrance feels, he was barred from entry.

    All the so-valled arguments raised by the author are dispelled by this talmudic story of conduct by the gedolei yisroel. Dare the author claim they were mistaken or had inferior scholarship or flawed piety?!

    The author must either defend his position, or retract and humbly apologize.

  2. Rabbi Hoffman, could I ask a couple of questions:
    first, you are saying “it is highly unlikely” that some people will not rent from the operator if they were to know that a minyan is available for free. This does not sound intuitive, although it assumes a somewhat inappropriate behavior by the people. Furthermore, it is possible that new people will join his tour next year. Maybe, a solution would be to provide formal one-week free passes. If it is clear that the pass is once per user, then it would be a good advertisement for the business.

    2nd – would COVID change the consideration here, presuming the tour members care? New members might be the ones not careful w/ masking; any additional members decrease SD and create new connections. It is possible that the tour group would prefer to stay within their own group.

    3rd – let’s say outsiders are not careful but would don a mask when attending the minyan. Would it be improper to still refuse them for one of the following reasons:
    – they are greater risk as they were exposed without masks at other times …
    – they are often skirting the rules by wearing flimsy scarfs, peaking noses from under mask …
    – be behaving improperly, some may not want to include them in the tzibbur
    I realize, some of these issues go beyond the Pesach tours

    Thanks

  3. Sort of ignores the substantial cost of the minyan and the fact that people in the program pay more for the tent, sefer Torah, etc. People who schnorr should be required to pay as well. Where are the sources looking at the question from that perspective?

  4. Members of a city (or community) are forced to contribute to ritual communal expenses such as a sefer torah, mikva etc.

    Can shuls not charge for yomim noroim seats? Are they obligated to allow everyone to daven gratius?

    Is there an obligation on schools to allow students free admission – the one extra child does not create additional costs, so raise the flawed argument of “ZEH NEHENEH V’ZEH LO CHOSER”?!?

    The logic and approach by the author is fundamentally flawed and is captured in the quote “novol birshus hatorah”!

    Can every and any homeless person stay in your house?! Everyone in your city can use your sukkah?! After all, it is a chesed?! But hint – what will your house or sukah look like if it becomes a homeless shelter?!

    Must a mikveh allow women (or men) to use it free?! Is there no concept of pay for use or “members only” in Judaism?!

    Can everyone sit in a restaurant and eat their lunch there?! Why not???

  5. With the exorbitant prices that some of these operators charge for their programs, it won’t hurt them to let a few fellow Yidden daven in their tents.

  6. The sage Hillel didn’t have the admission fee to the Bais Hamedrash. He needed to hear the Torah taught from outside the roof’s skylight. (Commentary ask if this was a form of “stealing”?).

    In any event, certainly Shmaya and Avtalyon were not acting with midas Sodom! Certainly they too knew of zeh nehneh vzeh lo chosor. Certainly they had ahavas Yisroel and acted with chesed.

    Yet, that was the accepted practice! BTW – Shmaya and Avtalyon were the Gedolei Hador!!

    Do pessach minyanim need to out preform the tzidkus of Shmaya and Avtalyon’s bais hamedrash?!

  7. can a person go to the show or tea room of a hotel if he is not a registered guest in the hotel?
    can a person go to a baseball game and ‘sneak down’ and sit in a more expensive seat?

  8. I spoke with an organizer who leases 100 homes and then sublets them to renters. He provides kashering services and venue tickets as well if desired. IT is a fundraiser for a mossad chinuch. All profits support the mossad chinuch. He rents out 2 houses so his renters can daven in a respectful room and more shtibel type environment, not in a garage or tent. He has Minyanim for Sefardism, Ashkenazim, and nussach sfard and ashkenaz. He provides siddurim, chumashim, sifrai Torah and some basic seforim library.
    1- He incurs expenses which is built into the rental for the homes. Everyone knows that. If outsiders wish to partake, shouldn’t they offer to participate in the expenses incurred by making such a “shule”? (If a frum person owns a motel, is he expected to give empty rooms to people an just ask them for the expenses of depreciation and cleaning…..or ask for nothing because it is chesed?)
    2- Each of these houses has limited space. He provides chairs and sidurim according to the number of tenants he has. He does not rent extra chairs or seforim. Outsiders coming in take away places form those who paid. The renters wont have a chair or siddur. What is the obligation of that Minyan? Let everyone in?
    3- The space in these homes is limited. Letting everyone in will possibly create crowded conditions which can possibly diminish the decorum and atmosphere of the davening. Is he still obligated to let everyone in and do chesed when it is “chav l’achayrim”?
    4- Air conditioning is needed in theses homes. Putting in more people can make it uncomfortable for everyone and diminish kavana, and kavod Tfillah.
    Chesed has rules as well, no?

  9. Most program hire a chazan and Rabbi etc. they director has the right too bar anyone who is not part of his group.

  10. Any question which affects the monetary situations cannot be discussed without hearing both sides
    certainly all the mussar does not apply if the author obviously has no understanding of the question
    every Hotel operator will tell you that if there is access to the minyon that will destroy his business
    if the person puts up his own tent. Or rents a room anybody who is not a resident isnt covered by insurance which the author did not think about or maybe doesn’t care but it can be very very destructive to their relationship with the venue when they see Outsiders coming in
    A program in vermont was closed down for this reason

  11. Would a minyan be allowed to limit attendees to fully vaccinated and boosted men or require a PCR negative test result before admitting them? “Ushmartem meod l’nafshosaychem” is doche all forms of chesed when it comes to pikuach nefesh?

  12. The obligation to perform acts of Chessed may be fulfilled in many different ways including but not limited to benefiting others others from something you do as part of your profession. I understand why a person may choose not do help others in a way that may seem to harm the profitability of a venture. I have joined not profit vacation minyanim many times and never had anything other than welcoming responses, the reason these programs are different is the organizers feel that these joiners are potential customers that chose to do it the cheaper way and benefit from his infrastructure. Additionally the obligation of Chessed is an expectation on a person to do to others not to expect from another. So in regard to the question if they can restrict access to participating guests, they absolutely can though it would be noble and kind to allow others in but not expected.

  13. Only disgusting people wouldn’t allow others to Daven in their Minyan.
    I would want to Daven with them either way because their prayers don’t go up to Shamayim.

  14. Oy vey. Both the Rav and the comments don’t deal with reality.
    The main question,at least here in Virginia Beach is not connected to any of this. The problem is twofold and more. First overcrowding and more importantly, the larger the Minyan the more neighbors, generally non Jewish ones ,would complain. These minyanim are legit only when not too many people come and mainly neighbors. People from the outside tend to not understand this and can be overly loud and jeopardize the whole situation. Certainly when it’s just a few, they know to use indoor voices even outside that’s fine and they should be allowed in. There really is no exact science and both sides of the coin need to be understood and judgement should be made accordingly. In VB although many minyanim happen , they are gathered over the chat but exact time and sometimes addresses as well are not posted.

  15. To be clear, once a Minyan is gathered, times and address are sent out privately, which generally insures that only a few extras come. Also women and children are only welcome at certain minyanim and children are reminded to keep the decorum

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