Where to pray its appropriateness CONTINUED

Commentary Halacha 3
http://www.chabad.org/dailystudy/rambam.asp?tDate=3/26/2012&rambamChapters=3
A study hall is greater - i.e., it is a more auspicious place to pray.

than a synagogue - Other ramifications of this concept are mentioned in Chapter 11, Halachah 14, and in Hilchot Talmud Torah 4:9.

Even though [some of the] great Sages [lived in] cities where many synagogues were located, they would pray only in the place where they studied Torah. - Berachot 30b relates: "Even though there were thirteen synagogues in Tiberias, Rav Ami and Rav Assi would pray only between the pillars in the study hall."Berachot 8a interprets the phrase "the gates of Zion" in Psalms 87:2: "God loves the gates of Zion above all the dwellings of Jacob" as referring to "the gates of those who are בהלכה המצויינים (distinguished by the halachah studied there)" and states that they receive the highest degree of Divine attention.

The Talmud continues: Abbaye says: "Originally, I would study in my house and pray in the synagogue. After hearing this, I pray only where I study."

The above applies [however, only] when one can participate in communal prayer there. - The Kessef Mishneh mentions the view of certain rabbinic authorities who maintain that it is preferable for a scholar to pray in a study hall even without a minyan. However, he also mentions the opinion of Rabbenu Asher (See Responsum 4) who writes that if the scholars do not appear in the synagogue the common people will assume that their presence is also unnecessary. The Shulchan Aruch (Orach Chayim 90:18) quotes the Rambam's position.

Commentary Halacha 4
What is implied by [the term,] communal prayer? One [person] prays aloud and all [the others] listen. - With this statement, the Rambam touches on a point debated both by the Sages of the Talmud and the later Rabbis. The mishnah, Rosh HaShanah 33b, states:

Just as the leader of the congregation is obligated [to pray], each individual is obligated. Rabban Gamliel states: "The leader of the congregation fulfills the obligation on behalf of the community."

The Talmud (34b) elaborates on the difference of opinion:

They asked Rabban Gamliel: "According to your opinion, why does the community pray?"
He replied: "In order to allow the leader of the community to prepare his prayers."
Rabban Gamliel asked them: "According to your opinion, why does the leader of the congregation pray aloud?"
They replied: "In order to allow those who are not knowledgeable to fulfill their obligation."
He told them: "Just as he fulfills the obligation on behalf of those who are not knowledgeable, he fulfills it on behalf of those who are knowledgeable."

The Sages of the Talmud continued to debate the issue. The ultimate decision accepted by Rav Yitzchok Alfasi, the Rambam (See Halachah 9), and Rabbenu Asher, is that during the entire year, the Sages' opinion is accepted. However, on Rosh HaShanah, because of the complexity of the blessings (See Halachah 10), Rabban Gamliel's opinion prevails.
Both Rabban Gamliel and the Sages agree that the practice of communal prayer involves two elements:
a) the silent prayers of many individuals; and
b) the chazan's repetition of the Shemoneh Esreh.
They differ, however, as to which of these elements is considered of primary importance. According to the Sages, the essential element of communal prayer is that ten or more people recite the Shemoneh Esreh at the same time. According to Rabban Gamliel, the essential element of communal prayer is, as the Rambam states in this halachah, the prayer of the leader of the congregation.

[Note Likkutei Sichot, Vol. 24, which explains that their difference of opinion revolves around a more general issue: Which is of higher priority, quantity (the prayers of the many) or quality (the prayers of the leader of the congregation)?]

The Rambam's statement here is difficult to place in perspective. Though in Halachah 9, he accepts the Sages' view (See also Chapter 9, Halachot 2-3) in this halachah, his opinion follows that of Rabban Gamliel. In one of his responsa, the Rambam explains that after the Sages instituted the silent Shemoneh Esreh to allow the leader of the congregation to prepare his prayers, even Rabban Gamliel would agree that all the individuals praying in a minyan also fulfill their obligation to pray by reciting their own prayers. Still it is difficult to understand why the Rambam would have the individuals forfeit the higher quality of communal prayer in order to pray individually.

In his notes to Rosh HaShanah, ibid., Rav Chayim Soloveichik writes that to take into consideration the Rambam's statements in this halachah, after concluding his individual prayers, each person should stand and listen to the prayer of the leader of the congregation and thus, fulfill the mitzvah of communal prayer. Note Likkutei Sichot, ibid., which compares answering to the chazan's prayer to reciting a voluntary prayer (See Chapter 1, Halachah 9). By doing so, one will have both the advantages of individual and communal prayer.
This should not be done with fewer than ten - See Halachot 4 and 5.

adult - Males who have reached the age of thirteen years and a day and manifested signs of physical maturity. (See Hilchot Kri'at Shema 3:19.)

The Kessef Mishneh explains that the Rambam derives this halachah from Berachot 47b-48a which allows for the inclusion of a child in the zimmun for the grace after meals. (See Hilchot Berachot 5:7.) We assume that this leniency was granted only in regard to grace, but not in regard to prayer. See also Bereishit Rabbah 91:3.

Many Halachic authorities do not accept this conclusion. In his siddur, Rav Sa'adia Gaon rules that a child may be counted as the tenth in a minyan. Similarly, the Ba'al HaMe'or holds that even up to four minors may be counted in a minyan for prayer
The Shulchan Aruch (Orach Chayim 55:4), rules that a minor may not be included in a minyan for prayer. The Ramah adds that under extraordinary circumstances, a minor may be counted. There are opinions that in such a case, the minor must be at least six years old, understand that prayer is service to God, and hold a chumash (Magen Avraham 55:5, Shulchan Aruch HaRav 55:5).

free males - i.e., excluding a Canaanite slave. However, a Jewish slave (עבד עברי) may be counted as part of a minyan. Berachot 47b relates that once, Rabbi Eliezer entered the synagogue and finding only nine people there, freed his slave to complete the quorum of ten.

The leader of the congregation is [counted as] one of them. - Though there is no explicit source to this effect, a number of midrashim (e.g., VaYikra Rabbah 23:4) lead to this conclusion.

One of the communal rites listed in Megillah 23b which requires a minyan is ברכת אבלים - the blessing one utters to those in mourning. For the recitation of that blessing, the presence of ten men other than the mourner himself is required. (See Hilchot Eivel 13:1.) Perhaps the Rambam feels that this statement is necessary to clearly distinguish between the different requirements of a minyan for prayer and ברכת אבלים.

Even if some of them have already prayed and fulfilled their obligation, they can complete the [quorum of] ten - Though they do not pray together with the others, their presence in the room where the others pray can complete a minyan.

provided the majority of the ten have not prayed. -Soferim 10:7 states:


Our Sages in the West say [that Kaddish and barchu may be recited] even with seven. They explain their position [based on Judges 5:2]: "In the time of tumult in Israel when the people volunteered themselves, blessed be God." [The number of people correspond] to the number of words [in the verse which describes the blessing of God].
There are those who say only six [are required], since ברכו is the sixth word [of the above verse].

The Rambam differentiates between the ruling regarding prayer and his statements in Hilchot Berachot 5:8 where he writes that it is necessary that seven people out of ten eat bread in order to constitute a minyan for zimmun, for "a noticeable majority" is required.

There are two views quoted in the name of Rabbenu Tam (Tosafot, Megillah 23b); one, requiring a minimum of seven people who have not prayed for a minyan just as seven who have eaten bread are required for a minyan in regard to grace after meals and, another, requiring, only five. However, the Rambam's opinion is universally accepted as halachah.

Similarly, we should not recite Kedushah, - See Chapter 7, Halachah 17.

In the chazan's repetition of the Shemoneh Esreh, it is customary to recite three verses in the Kedushah:
a) "Holy, Holy, Holy, is the Lord of Hosts; the entire earth is full of His glory" (Isaiah 6:3);
b) "Blessed be the glory of God from His place" (Ezekiel 3:12);
c) "The Lord shall reign forever, your God, O Zion, throughout all generations" (Psalms 146:10).

Only the first two of these verses are recited in the Kedushah of the blessings before the Shema. However, in theKedushah recited at the end of the service, a verse similar to Psalms 146:10 is also included.

The commentaries debate the definition of Kedushah and therefore, question which passage the Rambam requires to be omitted when one prays alone. The Rambam's statements in Chapter 9, Halachah 5, appear to define Kedushah as only the first of these three verses.
Even if some of them have already prayed and fulfilled their obligation, they can complete the [quorum of] ten - Though they do not pray together with the others, their presence in the room where the others pray can complete a minyan.

provided the majority of the ten have not prayed. -Soferim 10:7 states:


Our Sages in the West say [that Kaddish and barchu may be recited] even with seven. They explain their position [based on Judges 5:2]: "In the time of tumult in Israel when the people volunteered themselves, blessed be God." [The number of people correspond] to the number of words [in the verse which describes the blessing of God].
There are those who say only six [are required], since ברכו is the sixth word [of the above verse].

The Rambam differentiates between the ruling regarding prayer and his statements in Hilchot Berachot 5:8 where he writes that it is necessary that seven people out of ten eat bread in order to constitute a minyan for zimmun, for "a noticeable majority" is required.

There are two views quoted in the name of Rabbenu Tam (Tosafot, Megillah 23b); one, requiring a minimum of seven people who have not prayed for a minyan just as seven who have eaten bread are required for a minyan in regard to grace after meals and, another, requiring, only five. However, the Rambam's opinion is universally accepted as halachah.

Similarly, we should not recite Kedushah, - See Chapter 7, Halachah 17.

In the chazan's repetition of the Shemoneh Esreh, it is customary to recite three verses in the Kedushah:
a) "Holy, Holy, Holy, is the Lord of Hosts; the entire earth is full of His glory" (Isaiah 6:3);
b) "Blessed be the glory of God from His place" (Ezekiel 3:12);
c) "The Lord shall reign forever, your God, O Zion, throughout all generations" (Psalms 146:10).

Only the first two of these verses are recited in the Kedushah of the blessings before the Shema. However, in theKedushah recited at the end of the service, a verse similar to Psalms 146:10 is also included.

The commentaries debate the definition of Kedushah and therefore, question which passage the Rambam requires to be omitted when one prays alone. The Rambam's statements in Chapter 9, Halachah 5, appear to define Kedushah as only the first of these three verses.
Commentary Halacha 6
Any holy matter - e.g., the prayers and rituals mentioned in Halachot 4 and 5.

may only [be performed] in a congregation - i.e., a quorum of ten (see the previous halachah).

of Jews, as [Leviticus 22:32] states: "And I shall be sanctified among the children of Israel" - Megillah 23b explains as follows: Leviticus 22:32 states, "And I shall be sanctified among the children of Israel." A גזרה שוה (an analogy based on the use of common words) is made between this verse and Numbers 16:21, "Separate yourselves from among this congregation" and a second גזרה שוה between the latter verse and the verse, Numbers 14:27, quoted in the previous halachah. Extending our use of the principle of גזרה שוה, we conclude that just as in regard to the spies, a congregation meant a minimum of ten people, the same applies in regards to all situations in which God is "sanctified."
to appoint as the leader of the congregation, someone who has a pleasant voice - so that listening to his prayers will be enjoyable.

Throughout the generations, in their responsa, our Rabbis have chided the people for putting a pleasant voice at the top of their priorities for a chazan. [Note the Ramah (Orach Chayim 53:5) who states that it is preferable to appoint a boy of thirteen who understands his prayers as chazan rather than an older man with a pleasant voice who does not know what he is saying. See also Shulchan Aruch (ibid., 53:11).]

In particular, this applies regarding the High Holiday services. These days of sincere prayer should not be turned into concerts of ritual music. Instead, attempts should be made to find a chazan who can truly serve as a spiritual leader. If he also has a pleasant voice, it is obviously more desirable.
A person who does not have a full beard - The Rabbis have explained that this simply refers to a person of intermediate age. Therefore, in one of his responsa, the Rambam states that a person who is physically incapable of growing a beard may serve as chazan and the requirement of a beard is only mentioned as a sign of "a full state of knowledge which one [usually] reaches at the age when one's beard begins to grow." See also Shulchan Aruch (ibid. 53:8).

However, a beard is also considered a sign of commitment to Jewish practice. The Rambam (Hilchot Avodat Kochavim 12:7) associates shaving with the practices of gentile priests. Many Rabbis have strongly encouraged growing a beard even when there is no question of violating the prohibition against shaving. (See Sefer Mitzvot Gadol 7, Shibolei Leket Vol. II, 41.)

However, in communities where removing one's facial hair in a permitted manner is an accepted practice, the lack of a beard is not considered as a deterrent against a person serving as a chazan.

should not be appointed as the leader of the congregation even if he be a wise man of great stature, as a gesture of respect to the congregation. - The Shulchan Aruch (ibid.:6) states that this only refers to the appointment of a permanent chazan. However, Rabbenu Nissim interprets the Rambam's words as meaning that even on occasion, a youth should not serve as a chazan. See also Chapter 15, Halachah 4.

A person whose shoulders are uncovered - though he may recite the Shema publicly - may not serve as the leader of the congregation until he is covered by a cloak. - Soferim 14:15 understands this as a gesture of respect for the congregation. See also Rosh HaShanah 17b which states that when God taught Moses the thirteen attributes of mercy, "He robed himself as a chazan."

This does not necessarily refer to wearing a tallit gadol, but rather to a cloak or jacket that covers his shoulders and arms (Shulchan Aruch, Orach Chayim 53:13). However, in many communities, it is customary for a chazan to wear a tallit as a token of respect for the community.