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May one eat or drink in a Bet Kenesset or Bet Midrash?
By Rabbi Moshe Pinchasi[1]
As a designated place for Tefilla and Avodat Hashem, a Bet HaKenesset or Bet Midrash warrants proper respect. The Gemara in Mesechet Megilla[2] details the appropriate conduct in these holy places. Needless to say, any conduct which is openly disrespectable is completely forbidden. Yet, even some actions that are seemingly neutral, are deemed by Hachamim as unrefined for a Shul. Among them are eating and drinking – which will be the main discussion of this article.
Rabbis Only
Hachamim regard eating and drinking as an unfitting conduct for a Shul, because of their irreverent nature. However, the Gemara makes an exception to this rule, and allows Torah scholars and their pupils to eat and drink in a Bet Midrash. Although this provision is said regarding a Bet Midrash, it clearly applies to a Bet HaKenesset as well. This is because, generally, the Kedusha of a Bet Midrash is greater than that of a Bet HaKenesset, thus, whatever would be permitted to do in a Bet Midrash would surely be permitted in a Bet HaKenesset[3].
Understanding the Gemara literally, the restriction against eating and drinking in Shul should only apply to laymen, while Talmide Hachamim and their students would have no restriction at all. The Rambam[4], however, stipulates that this exception for Talmidei Hachamim is only in cases of necessity. Otherwise, they too are included in the restriction.
The Kesef Mishne explains that the Rambam could’ve seen this limitation from an anecdote related in the Gemara[5]. Ravina and Rav Ashi where walking together outdoors while discussing Torah thoughts. When they realized that it had started to rain, they entered the nearest shul for shelter. To explain why it was permissible for them to do so (although one may not enter a Shul to seek shelter from the rain) they reasoned that standing in the rain disturbed the clarity of mind they needed for their Torah study. Evidently, if not for the enrichment of their Torah study they would not have been permitted to enter the Shul solely for shelter purposes.
Following the Rambam
The Tur, when codifying these Halachot[6], makes no mention of this condition. Unlike the view of the Rambam, the Tur appears to permit eating and drinking for Talmide Hachamim regardless of any specific need. Indeed, this is the way the Bach and Perisha interpret the ruling of the Tur. However, Maran in the Bet Yosef explains that the Tur does not necessarily disagree with the Rambam, and that he may have considered the Rambam’s condition to be obvious.
The Bet Yosef also cites the Ran[7] who differentiates between a Bet HaKenesset and Bet Midrash. In a Bet Midrash, Talmide Hachamim may indeed eat and drink with no restriction at all. Whereas, in a Bet HaKenesset, they may only eat and drink in case necessity, as stipulated by the Rambam. The Ran explains that since Talmide Hachamim spend most of their day in a Bet Midrash learning it is like their home. Thus, eating and drinking in a Bet Midrash would be permitted for them unconditionally. An even more lenient approach is that of the Ohr Zarua[8], quoted in the Hagahot Asheri[9], that even laymen may eat in a Bet Kenesset and Bet Midrash.
Concerning the final Halacha, Maran rules in Shulhan Aruch[10] in accordance with the Rambam, while the Rama follows the opinion of the Ran.
A Good Excuse
Based on his interpretation of the Rambam and the Tur’s words, the Magen Avraham[11] rules that a Talmid Hacham may eat and drink in both a Bet Midrash and Bet HaKenesset, but only if going home to eat would cause an unnecessary interruption to his Torah study. Otherwise, eating and drinking is not permitted at all. For this reason, in a Bet HaKenesset – which is designated for Tefilla alone – even a Talmid Hacham may not eat or drink.
The Mishna Berura[12] agrees with this approach as well [and applies it also to a Bet HaKenesset in which Torah is learnt consistently[13]], however, he stipulates that only one who studies the entire day in the Bet Midrash can be rely on this leniency. The Aruch HaShulhan[14] disagrees and maintains that even one who learns half-a-day is considered a Talmid Hacham for this matter.
The Mishna Berura in his Bi’ur Halacha[15] highlights that the Halacha regarding drinking is more lenient, and that – while engaged in learning – any person may take a drink in a Bet Midrash even though he doesn’t learn there consistently.
Conditional Sanctity
At the time a Shul is erected, a condition can be made that it should not have the complete Kedusha (sanctity) of a Bet HaKenesset. Nevertheless, Tosafot[16] maintain that this condition is not effective while the Shul is still in use. Only once the Shul is no longer functioning does the condition take effect. Additionally, this is only applicable to Shuls in Hutz La’Aretz. In Eretz Yisrael, however, Shuls retain their Kedusha even after they are destroyed – since they are destined to regain their initial prominence with the coming of Mashiah. The Bi’ur Halacha[17] points out that many Rishonim disagree with Tosafot and understand that a condition would work even while the Shul is standing and even in Eretz Yisrael.
The Shulhan Aruch follows Tosafot[18], while the Bi’ur Halacha writes that when there is a pressing need, we may rely on the other Rishonim’s opinion. This too is the opinion of Rav Shlomo Zalman Auerbach זצ”ל.[19]
Nowadays, most shuls are designed to accommodate Semahot. Often, the food or refreshments are served in the Bet Midrash itself. Strictly speaking, eating should not be permitted except cases of absolute necessity, as explained above. To validate this custom, Rav Moshe Feinstein זצ”ל explains[20] that we rely on the view of the Ohr Zarua who completely permits eating in a Shul when a condition was made.
Sefaradim vs. Ashkenazim
It would seem, however, that this leniency would not apply to Sefaradim who follow Maran. As explained above, Maran’s opinion is that eating and drinking is only permitted for Talmide Hachamim when necessary – even if a stipulation was made.[21]
Despite this, the Ben Ish Hai[22] and Kaf HaHayim[23] write that a Talmid Hacham may eat in a Bet Midrash in all cases even without a specific need.
Nonetheless, Hacham Ovadia Yosef זצ”ל in Halichot Olam[24] maintains that Sefaradim should not neglect the ruling of the Shulhan Aruch, and should refrain from eating in Shul. He does, however, permit Kollel or Yeshiva student to eat in a Bet Midrash, if there is no other available place. He adds, that laymen who are attending a Shiur – although they may not eat there – may drink a coffee or tea if needed.
Se’udat Mitzvah
The Poskim agree[25] that a Se’udat Mitzva is permitted to be held in a Shul. Therefore, a Se’udat Brit Mila or Pidyon HaBen, may be celebrated in a Shul as well as a Siyum Masechet or even a Se’udat Shabbat.
Despite these exceptions, a Shul’s dignity must still be preserved and the Tzibbur must be careful that it does not become a place for casual get-together. An event should only be held in Shul if its character is fitting for a Shul.
SOURCES:
[1] Translated by Rabbi Aryeh Finkel
[2] דף כח.
[3] שם דף כו:
[4] פי”א מתפילה ה”ו
[5] שם כח:
[6] או”ח סי’ קנא
[7] מגילה דף ט. מדה”ר ד”ה רבינא
[8] הל’ ביהכ”נ סי’ שפח
[9] פ”ד ממגילה ס”ז
[10] סי’ קנא ס”א
[11] סק”ב, ע”פ פירוש המחה”ש
[12] סק”ז
[13] שעה”צ אות יב
[14] ס”ה
[15] ד”ה ואין
[16] מגילה כח: ד”ה בית
[17] שם ד”ה אבל
[18] סי”א
[19] שו”ת מנח”ש (ח”ב סי’ פח)
[20] אג”מ (או”ח ח”א סי’ מה)
[21] ואף לא שייך לומר בזה ס”ס להקל בביהמ”ד אף שלא מדוחק דשמא הלכה כדברי הב”ח שכ’ דלת”ח מותר לאכול אף בביהכ”נ שלא מדוחק, או כהאו”ז דהתיר אפי’ למי שאינו ת”ח לאכול בביהכ”נ וביהמ”ד, ואת”ל דבביהכ”נ אסור אלא מדוחק, שמא הלכה כדברי הר”ן דהתיר אכילה בביהמ”ד אף שלא מדוחק, דאי נימא הכי, הו”ל ס”ס נגד השו”ע במקום שהביא את השיטות וגילה דעתו להחמיר, (ולא אמרינן ס”ס להקל נגד השו”ע אלא במקום שהם ב’ ענינים נפרדים והשו”ע החמיר בשתיהם, דאיכ”ל אילו היו ב’ הענינים יחד היה סובר להקל, וכיו”ב).
[23] ס”ק יג
[24] ח”א עמ’ רסה
[25] בן איש חי (שם ס”ד) ובהליכות עולם (שם עמ’ רסב) ובשו”ת יחו”ד (ח”ג ס”י) אול”צ (ח”ב פ”י ס”ד) ועוד