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Rosh Hashanah 35

1) FULFILLING ONE'S OBLIGATION TO SAY SHEMONEH ESREH BY LISTENING TO THE "SHALI'ACH TZIBUR"

OPINIONS: Raban Gamliel and the Chachamim argue whether a Shali'ach Tzibur can be Motzi everyone, or just those who do not know how to Daven by themselves. Raban Gamliel says that the Shali'ach Tzibur can be Motzi everyone, even one who know how to Daven by himself (a "Baki," or expert). The Chachamim argue and say that the Shali'ach Tzibur can only be Motzi one who does not know how to Daven by himself (an "Eino Baki"). The Gemara rules like Raban Gamliel in the case of the Shemoneh Esreh of Rosh Hashanah and Yom Kipur (of Yovel -- RAN and Rishonim), that the Shali'ach Tzibur can be Motzi even a Baki.

Later, though, the Gemara adds a condition to this ruling. Even according to Raban Gamliel, the *only* Beki'im whom the Shali'ach Tzibur is Motzi are those who are out in the fields and cannot come into the city to Daven in the synagogue. Since they have no choice, they fulfill their obligation with the Shali'ach Tzibur's Shemoneh Esreh. Those who are in the city, though, who have the opportunity to Daven by themselves, cannot fulfill their obligation with the Shali'ach Tzibur's Shemoneh Esreh.

Does this mean that the normal Baki may not be Yotzei with the Shemoneh Esreh of the Shali'ach Tzibur? The Rishonim differ on this point.

(a) The RIF rules that the Gemara only means to exclude a Baki who is in the city on Rosh Hashanah, and yet did not come to the synagogue. Such a person is not Yotzei with the Shali'ach Tzibur (because, if he is an expert, by not coming to the synagogue he has shown that he does not want to be Yotzei with the Shali'ach Tzibur but rather he will pray on his own). However, if he did come to the synagogue, Rabanan Gamliel would rule that even a Baki *is* Yotzei with the Shali'ach Tzibur. (TOSFOS 34b DH Kach asserts that this is the opinion of Rashi as well.)

How can the Baki in the fields be Yotzei even though he does not even hear the Shemoneh Esreh from the Shali'ach Tzibur? The PISKEI RID explains that Tefilah is like Korbanos. When a Korban is brought, a few people stand over the Korban ("Ma'amados Yisrael") and are Motzi all of Klal Yisrael their obligation of standing over the Korban, which is learned from "Tishmeru l'Hakriv b'Mo'ado" (see RASHI Yoma 34b, DH Anshei Ma'amad).

(b) TOSFOS (34b, DH Kach) mentions that some argue and explain that if the Baki does not work in the fields, even if he comes to the synagogue and hears Shemoneh Esreh from the Shali'ach Tzibur he is not Yotzei. The Beki'im who do work in the fields are Yotzei *only* if they come to the synagogue on Rosh Hashanah and *hear* the Shemoneh Esreh from the Shali'ach Tzibur. Even though they are Beki'im, they are unable to say the Shemoneh Esreh for themselves because the Shemoneh Esreh of Rosh Hashanah is lengthy and recited infrequently and they have to look it over to prepare it before reciting it. Since they were busy working in the fields before Rosh Hashanah, they had no time to prepare the Tefilah and therefore they are "Anusim," they lacked the opportunity to Daven properly and they may be Yotzei with the Shali'ach Tzibur. However, those who were not busy working in the fields before Rosh Hashanah had time to prepare the prayers beforehand. Therefore, even if they come to the synagogue and hear the Tefilah from the Shali'ach Tzibur instead of reciting it for themselves, they are not Yotzei. They should have prepared it themselves. (The person who is not a Baki will not be able to recite it even if he *does* have time to prepare it, so he is Yotzei with the Shali'ach Tzibur's prayers even if he does not work in the fields.)

According to this view, even according to Raban Gamliel the only Baki who can be Yotzei with the Shali'ach Tzibur is one who did not have time to prepare his Tefilah before Rosh Hashanah because he was busy working in the field. Such a Baki may come to hear the prayers from the Shali'ach Tzibur on Rosh Hashanah.

HALACHAH:

(a) On Rosh Hashanah, we rule like Raban Gamliel (as the Gemara noted), that even a Baki may be Yotzei from the Shali'ach Tzibur. With regard to whether a Baki who was *not in the fields* may be Yotzei by hearing the prayers from the Shali'ach Tzibur, the TUR (OC 591) cites both opinions mentioned above, and perhaps we should be Machmir that he is not Yotzei.

(b) A person who is not a Baki may be Yotzei with the Shemoneh Esreh of the Shali'ach Tzibur on any day of the year and not only on Rosh Hashanah, as cited in the SHULCHAN ARUCH (OC 124:1). However, he must hear every single word that the Shali'ach Tzibur says. The MISHNAH BERURAH adds that he also has to understand every word (whereas when one Davens by oneself, he does not have to understand every word in order to be Yotzei).

(c) The RITVA writes that if a person erred in his Shemoneh Esreh and needs to Daven again (for example, he omitted Ya'aleh v'Yavo on Rosh Chodesh), he may fulfill his obligation by hearing the Shemoneh Esreh from the Shali'ach Tzibur even though he is a Baki. The reason for this is because all opinions agree that mid'Oraisa one is Yotzei by listening to the Shali'ach Tzibur, and it is the Rabanan who enacted a Takanah that a Baki must Daven by himself and not rely on the Shali'ach Tzibur. In the case of a Baki who erred in his first Shemoneh Esreh, though, the Rabanan left the Halachah d'Oraisa in place and allowed him to be Yotzei with the Shali'ach Tzibur, in order that he should not have to Daven two Shemoneh Esrehs. The Ritva bases this ruling on the Gemara in Berachos (29b). However, the MORDECHAI (#721) argues and says that even in this case a Baki does not fulfill his obligation by listening to the Shali'ach Tzibur's Shemoneh Esreh.

The PRI MEGADIM (cited by the BI'UR HALACHAH in OC 124) says that if a person is in doubt whether or not he already said the Shemoneh Esreh of Shacharis on Shabbos, since he cannot resolve his doubt by reciting a Tefilas Nedavah (which is what one should do in such a case on a weekday) for a Tefilas Nedavah may not be recited on Shabbos (see Insights to Berachos 21:2), one should at least try to fulfill his obligation by listening to the Shemoneh Esreh of the Shali'ach Tzibur.